Haley Brown v. R.K. Hall Construction, Ltd., RKH Capital, LLC, and Stacy Lyon d/b/a Lyon Barricade & Construction
06-15-00072-CV
6th Court of Appeals, Texarkana, Texas
September 25, 2015
Appellate Case Style: Haley Brown Vs. R.K. Hall Construction, Ltd., RKH Capital, LLC, and Stacy Lyon d/b/a Lyon Barricade & Construction
Companion Case No.: n/a
Amended/corrected statement: DOCKETING STATEMENT (Civil)
Appellate Court: 6th Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
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I. Appellant ☑ Person ☐ Organization (choose one) First Name: Haley Middle Name: Last Name: Brown Suffix: Pro Se: ◯ |
II. Appellant Attorney(s) ☑ Lead Attorney First Name: Dale Middle Name: H. Last Name: Henley Suffix: Law Firm Name: Mayo Mendolia & Vice, LLP Address 1: 5368 State Highway 276 Address 2: City: Royse City State: Texas Zip+4: 75189 Telephone: 469-402-0450 ext. Fax: 469-402-0461 Email: dhenley@mmvllp.com SBN: 24048148 |
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I. Appellant ☑ Person ☐ Organization (choose one) First Name: Haley Middle Name: Last Name: Brown Suffix: Pro Se: ◯ |
II. Appellant Attorney(s) ☐ Lead Attorney First Name: Kevin Middle Name: W. Last Name: Vice Suffix: Law Firm Name: Mayo Mendolia & Vice, LLP Address 1: 5368 State Highway 276 Address 2: City: Royse City State: Texas Zip+4: 75189 Telephone: 469-402-0450 ext. Fax: 469-402-0461 Email: kvice@mmvllp.com SBN: 00785150 |
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I. Appellant ☑ Person ☐ Organization (choose one) First Name: Haley Middle Name: Last Name: Brown Suffix: Pro Se: ◯ |
II. Appellant Attorney(s) ☐ Lead Attorney First Name: Brian Middle Name: L. Last Name: Benitez Suffix: Law Firm Name: Mayo Mendolia & Vice, LLP Address 1: 5368 State Highway 276 Address 2: City: Royse City State: Texas Zip+4: 75189 Telephone: 469-402-0450 ext. Fax: 469-402-0461 Email: bbenitez@mmvllp.com SBN: 24082679 |
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III. Appellee ☐ Person ☑ Organization (choose one) Organization Name: RK HALL CONSTRUCTION, LTD.; RKH First Name: Middle Name: Last Name: Suffix: Pro Se: ◯ |
IV. Appellee Attorney(s) ☑ Lead Attorney First Name: Blair Middle Name: Last Name: Partlow Suffix: Law Firm Name: Fox Rothschild, LLP Address 1: Address 2: 5420 LBJ Freeway, Suite 1200 City: Dallas State: Texas Zip+4: Telephone: 972-991-0889 ext. Fax: 972-404-0516 Email: bpartlow@foxrothschild.com SBN: 24013299 |
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III. Appellee ☐ Person ☑ Organization (choose one) Organization Name: STACY LYON d/b/a LYON BARRICADE First Name: |
IV. Appellee Attorney(s) ☑ Lead Attorney First Name: Ed Middle Name: |
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Middle Name: Last Name: Suffix: Pro Se: ◯ |
Last Name: Carlton Suffix: Law Firm Name: Quilling, Selander, Lownds, Winslett & Moser, P.C. Address 1: 2001 Bryan St., Suite 1800 Address 2: City: Dallas State: Texas Zip+4: 75201 Telephone: (214) 871-2100 ext. Fax: (214) 871-2111 Email: ecarlton@qslwm.com SBN: 03820050 |
Nature of Case (Subject matter or type of case): Personal Injury
Date order or judgment signed: August 27, 2015
Type of judgment: Interlocutory Order
Date notice of appeal filed in trial court: September 24, 2015
If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: ☑ Yes ☐ No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Order does not comply with Rule 168, and does not list reason for grant. There is a substantial ground for difference regarding the effect of such noncompliance on Petitioner‘s appellate rights; and regarding what grounds the Court granted its Order.
If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): ☐ Yes ☑ No
Permissive? (See TRAP 28.3): ☑ Yes ☐ No
If yes, please specify statutory or other basis for such status:
Interlocutory Order appealed from granted right to seek Interlocutory appeal pursuant to CPRC 51.014(d).
Agreed? (See TRAP 28.2): ☐ Yes ☑ No
If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: ☐ Yes ☑ No
If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? ☐ Yes ☑ No
Judgment or order disposes of all parties and issues: ☐ Yes ☑ No
Appeal from final judgment: ☐ Yes ☑ No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? ☐ Yes ☑ No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: ☐ Yes ☑ No
Motion to Modify Judgment: ☑ Yes ☐ No, If yes, date filed: September 23, 2015
Request for Findings of Fact and Conclusions of Law: ☐ Yes ☑ No
Motion to Reinstate: ☐ Yes ☑ No
Motion under TRCP 306a: ☑ Yes ☐ No, If yes, date filed: September 23, 2015
Other: ☐ Yes ☑ No
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: ☐ Yes ☐ No
Contest filed in trial court: ☐ Yes ☑ No
Has any party to the court‘s judgment filed for protection in bankruptcy which might affect this appeal? ☐ Yes ☑ No
IX. Trial Court And Record
Court: 62nd Judicial District Court
County: Lamar County
Trial Court Docket Number (Cause No.): 82395
Trial Judge (who tried or disposed of case):
First Name: Will
Middle Name:
Last Name: Biard
Address 1: 119 North Main
City: Paris
State: Texas Zip+4: 75460
Telephone: 903-737-2434 ext.
Fax: 903-737-2483
Clerk‘s Record:
Trial Court Clerk: ☑ District ☐ County
Was clerk‘s record requested? ☐ Yes ☑ No
Reporter‘s or Recorder‘s Record:
Is there a reporter‘s record? ☑ Yes ☐ No
Was reporter‘s record requested? ☐ Yes ☑ No
Was there a reporter‘s record electronically recorded? ☑ Yes ☐ No
Supersedeas bond filed: ☐ Yes ☑ No
Will file: ☐ Yes ☑ No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? ☐ Yes ☑ No
XII. Alternative Dispute Resolution/Mediation
Should this appeal be referred to mediation? ☐ Yes ☑ No
If no, please specify: Matter of law on which the Parties do not agree
Has the case been through an ADR procedure? ☑ Yes ☐ No
If yes, who was the mediator? Mark Gilbert
What type of ADR procedure? Mediation
At what stage did the case go through ADR? ☑ Pre-Trial ☐ Post-Trial ☐ Other
Type of case? Personal Injury
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known:
Appeal of Interlocutory Order granting MSJ to 2 of three trial defendants. Petitioner seeks appeal and remand, alternatively conformance with the Order to Rule 168 and addl time to perfect appeal.
How was the case disposed of? Other
Summary of relief granted, including amount of money judgment, and if any, damages awarded. Interlocutory Order appealed from signed 08.27.2015
Does judgment have language that one or more parties “take nothing“? ☐ Yes ☑ No
Does judgment have a Mother Hubbard clause? ☐ Yes ☑ No
Rate the complexity of the case (use 1 for least and 5 for most complex): ☐ 1 ☑ 2 ☐ 3 ☐ 4 ☐ 5
Please make my answer to the preceding questions known to other parties in this case. ☐ Yes ☑ No
Can the parties agree on an appellate mediator? ☐ Yes ☑ No
Name of person filing out mediation section of docketing statement: Brian L. Benitez SBN 24082679
XIII. Related Matters
List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Do you want this case to be considered for inclusion in the Pro Bono Program? ☐ Yes ☑ 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? ☐ Yes ☑ No
XV. Signature
Signature of counsel (or pro se party): [REDACTED]
Date: 9-25-2015
Printed Name: Brian L. Benitez
State Bar No.: 24082679
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 September 25, 2015.
Signature of counsel (or pro se party): [REDACTED]
State Bar No.: 24082679
Please enter the following for each person served:
Date Served: September 25, 2015
Manner Served: eServed
First Name: Blair
Last Name: Partlow
Law Firm Name: Fox Rothschild LLP
Address 1: 5420 LBJ Fwy. Ste 1200
City: Dallas
State: Texas Zip+4: 75240
Telephone: 972-991-0889 ext.
Fax: 972-991-0889
Email: bpartlow@foxrothschild.com
If Attorney, Representing Party‘s Name: RK Hall Constr. Ltd., and RKH Capital, LLC
Manner Served: eServed
First Name: Greg
Middle Name: K.
Last Name: Winslett
Law Firm Name: Quilling, Selander, Lownds, Winslett & Moser
Address 1: 2001 Bryan St., Ste. 1800
City: Dallas
State: Texas Zip+4: 75201
Telephone: 214-871-21200 ext.
Fax: 214-871-2111
Email: ecarlton@qslwm.com
If Attorney, Representing Party‘s Name: Stacy Lyon d/b/a Lyon Barricade & Construction
Date Served: September 25, 2015
Manner Served: eServed
First Name: Garland
Last Name: Williams
Law Firm Name: Trans. Div. Ofc. of the Atty. Gen‘l
Address 1: P.O. Box 12548
Address 2: Capitol Station
City: Austion
State: Texas Zip+4: 78711-2548
Telephone: 512-463-2100 ext.
Fax: 512-472-3855
Email: garland.williams@texasattorneygeneral.gov
If Attorney, Representing Party‘s Name: Texas Department of Transportation