City of Farmers Branch v. Stacy Wright ( 2015 )


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  •                                                                                                                                                    ACCEPTED
    05-15-01497-CV
    FIFTH COURT OF APPEALS
    Appellate Docket Number: 05c15,()f4;\le
    Middle Name:                                                                 Last Name:
    Last Name:                                                                   Suffix:
    Suffix:                                                                      Law Firm Name: W~l~er:.firig!\i,/!'.G:
    Pro Se:   0                                                                  Address    1:        100 J)l'... ¢e!JliaJ Expressway;fstii\¢ soo
    Address 2:
    Page 1 of8
    City:                    Jl,lp;LlcC
    Pro Se:   0              Address I:
    Address 2:
    City:
    State:  "r•lia~
    Telephone:
    Fax:         46.9.'20$·?366
    Email:       Mih@lit•Ia\vgrouJ):c(Jfii,
    SBN:         24;Q()420~
    D       Lead Attorney
    First Name:              ~JhtM"~
    First Name:              Middle Name:
    Middle Name:             Last Name:
    Last Name:               Suffix:
    Suffix:                  Law Firm Name: f[agan t,aW.9i'<.iuP:,L~G
    Pro Se:   0              Address l:
    Address 2:
    city:                   f\.lleti
    State:       Texas                              Zip+4:
    Telephone:
    Fax:
    Email:
    SBN:
    Page 2 of 8
    Nature of Case (Subject matter or type of case):                                              Governmei\tafrfumJlt;litf: •
    Date order or judgment signed: l)jiJvemher"t~, 2()15                                                              Type of judgment:
    Date notice of appeal filed in trial court: negiih(IJ~g;·~()'~S                                             .
    If mailed to the trial court clerk, also give the date mailed:
    Interlocutory appeal ofappealable order:                                           IZJ Yes      D No
    if yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
    Dtillial ofa plea-to thej)lrisrucfi(ll"f" Texas Civil Practice & ~.rnediesCode § 51.01.4(8)' :···.····
    Accelerated appeal (See TRAP 28):                                                  IZJ   Yes D No
    lfyes, ]Jle.~se_sp~cify statutory or other basis on which appeal is accelerated:
    'i!f,~l\,W: z.a;'l(~} : <,:: " : ..·     . i : • ·      . •·• :       .
    Parental Termination or Child Protection? (See TRAP 28.4):                                                       DY es ~No
    Permissive? (See TRAP 28.3):                                                        D Yes [gJ No
    If yes, rtease specify statutory or other basis for such status:
    Agreed? (See TRAP 28.2):                                                            D Yes        IZJ No
    If yes, please specify statutory or other basis for such status:
    !!' ( ·" '· "" ,,,,,' ,,, "' ·h· :<:.;1;('   ;;·:-<;~.'.\'.\;:y'.'.';1;'
    Appeal should receive precedence, preference, or priority under statute or rule:                                                    D Yes [gJ No
    lfyes, pleas: ~pecify statut~ry or other basis for such status:
    Does this case involve an amount under $100,000?                                                   D Yes [gJNo
    Judgment or order disposes of all parties and issues: [gJ Yes D No
    Appeal from final judgment:                                                                        D Yes [gJ No
    Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?                                             D Yes [gJNo
    Motion for New Trial:                                                       DY es [gJ No                    If yes, date filed:
    Motion to Modify Judgment:                                                  DY es    IZJ No                 If yes, date filed:
    Request for Findings of Fact                                                0Yes [gJ No                     If yes, date filed:
    and Conclusions of Law:
    oYes     [gJ No                 If yes, date filed:
    Motion to Reinstate:
    0Yes [gJ No                     If yes, date filed: :
    Motion under TRCP 306a:
    Other:                                                                      0Yes [gJ No
    If other, please specify:
    Affidavit filed in trial court:                                             D Yes   1ZJ   No               Jfyes, date filed:
    Contest filed in trial court:                                               0Yes    D No                   If yes, date filed:
    Date ruling on contest due:
    Ruling on contest: D Sustained                                                D Overruled                  Date of ruling:
    Page 3 ofS
    Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?           0Yes iz::j No
    If yes, please attach a copy of the petition.
    Date bankruptcy filed: ·                                         Bankruptcy Case Number:
    Trial Court Clerk:    iz::j District   D   County
    Trial Court Docket Number (Cause No.):                                 Was clerk's record requested?          iz::1 Yes D No
    If yes, date requested: Peceajbef8,2015
    Trial Judge (who tried or disposed of case):                           If no, date it will be requested:
    First Name:                                                            Were payment arrangements made with clerk?
    Middle Name:      LlSter'                                                                                          iz::jYes 0No 0Indigent
    Last Name:
    (Note: No request required under TRAP 34.S(a),(b))
    Suffix:
    Address I:
    Address 2:
    City:
    State:    T~as:                        Zip+ 4: 7$i2.0z>
    Telephone:                              ext.
    Fax:
    Email:
    1
    Reporter s or Recorder's Record:
    Is there a reporter's record?          iz::j Yes   D   No
    Was reporter's record requested?       iz::jYes 0No
    Was there a reporter's record electronically recorded?      D Yes D   No
    If yes, date requested: D.ep~Q!IJ~r·8;:.... :as·· · i ?i;!· · .'.j~. ·.·,·~.\.!~blow.•,>:
    A...
    t:JJ~';lJJesedVi()Jil.tioa·&ccui1~i!;'' i•
    !)Y····
    .. ·.••·•. : •.              .". r.·. :. c. .1.·a. .ir)l·.··.·                        . . .•,••,.t..~".,i\kS
    . .•• •.;:A;. I',· pe.,•.l,·.1. ::····
    an                  · dl~m··.
    ·.: ·,·;~sill
    · b~c. ··,·.41\~       · ·.··· eefitil~dtt
    ··'. A.·ppell.       ·· · ·. file···
    · <•       s.,·.u. it' "'. J: t.,.~iJ1:90
    ·· · ·'d.·.~Y~.· (}f.tlJ.~.:
    . · ;d··•.··. ·.te'.Q'~.  . •.·•'. ~i..·c.•.h. . ·.•'·•.'::. ·. '.·.·
    ·· ·•. w
    How was the case disposed of?                                                              Otll9!l:
    Summary of relief granted, including amount of money judgment, and if any, damages awarded. Pfeafo'th9j\i!'l~iffC:ti()l1·d~ll.(~cf.:''
    If money judgment, what was the amount? Actual damages:                                                                                                             $.   o.:.:.oo. . ·.• ,
    "'i
    Punitive (or similar) damages:                                                    '$OcOO,
    Page 5 ofS
    Attorney's fees (trial):    $0.00,
    Attorney's fees (appellate):   ·~o;Qo
    Other:
    Ifother, please specify:
    Will you challenge this Court's jurisdiction?         0Yes       IZJ No
    Does judgment have language that one or more parties "take nothing"?               0 Yes     IZJ No
    Does judgment have a Mother Hubbard clause? 0Yes                 IZJ No
    Other basis for finality?   llifil~1~()fiifi ;Tex,a\'l\!¢rilll:
    List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
    Trial Court:
    Style:
    Vs.
    Page 6of8
    The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar
    Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in
    the appeal before this Court.
    The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of
    discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched
    with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information
    regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at
    www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within
    thirty (30) to forty-five (45) days after submitting this Docketing Statement.
    Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select
    your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you
    in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and
    information about your case, including parties and backgrouud, through selected Internet sites and Listserv to its pool of volunteer appellate
    attorneys.
    Do you want this case to be considered for inclusion in the Pro Bono Program?              D Yes IZJ No
    Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have
    regarding the appeal? D Yes IZl No
    Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for
    the purposes of considering the case for inclusion in the Pro Bono Program.
    If you have not previously filed an affidavit oflndigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of
    the U.S. Department of Health and Human Services Federal Poverty Guidelines?            D Yes IZJ No
    These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.
    Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes IZJ No
    If yes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's
    Office or on the internet at !:illJl://_Yiww.tex-aJlp.org. Your participation in the Pro Bono Program may be conditioned upon your execution of
    an affidavit under oath as to your financial circumstances.
    Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard ofreview, if known (without
    prejudice to the right to raise additional issues or request additional relief; use a separate attachment, ifnecessary).
    Signature of counsel (or pro se party)                                                   Date:            D~ci)!riber:r~,.2015\ ·
    Printed Name: Ger.[!(il)i!~)g)li                                                         State Bar No.:   02991720
    Electronic Signature: lsO'eJ.~l!IBflght
    (Optional)
    Page 7 of8
    The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial
    court's order or judgment as follows on Deeemlieiifio'2lli!F
    » '· ·'" ) .. •, .· ..
    o   ''   ,   ,   , ·,
    Signature of counsel (or prose party)                                                         Electronic Signature: /sl.Geraid aright' .
    (Optional)
    State Bar No.:     029917;10
    Person Served
    Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must
    state:
    ( 1) the date and manner of service;
    (2) the name and address of each person served, and
    (3) if the person served is a party's attorney, the name of the party represented by that attorney
    Please enter the following for each person served:
    First Name:
    Middle Name:
    Last Name:        f.lagan ·
    Suffix:
    Law Firm Name: ~ag~n La'WGrli\lp
    Address 1:        l~!39·:yV:``tJ'W:\:tl``~1t'D,i':; s\lij~ 20.0
    Address 2:
    City:
    State
    Telephone:
    Fax:      469~298•$666!.i: : • : .,
    Email:
    If Attorney, Representing Party's Name: A.ttbtjjeyforA[lp~ll~e.Stacy'\V;ffght
    Page 8 of 8
    

Document Info

Docket Number: 05-15-01497-CV

Filed Date: 12/16/2015

Precedential Status: Precedential

Modified Date: 9/29/2016