Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/9/2015 4:37:33 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00085-CV SIXTH COURT OF APPEALS 12/9/2015 1:02:52 PM TEXARKANA, TEXAS Velva L. Price 12/9/2015 4:37:33 PM DEBBIE AUTREY District Clerk CLERK Travis County D-1-FM-10-003078 CAUSE NO. D-1-FM-10-003078 Bridget Elliott IN THE INTEREST OF § IN THE DISTRICT COURT
§ § 200 TH JUDICIAL DISTRICT
E.R.C.
§
A MINOR CHILD § TRAVIS COUNTY, TEXAS
RESPONDENT’S FIRST AMENDED NOTICE OF APPEAL
Notice is hereby given that Respondent, Brandi K Stokes, hereinafter
referred to as “Appellant,” appeals from the Order in Suit to Modify Parent-Child
Relationship signed by District Judge Timothy Sulak on December 9, 2015, in its
entirety, any subsequent adverse rulings, all adverse interlocutory rulings, all
adverse post-trial rulings, and Section 1.3 of the Local Rules of Civil Procedure
and Rules of Decorum for the Districts Courts of Travis County (“Travis County
Local Rules”) effective on June 2, 2014.
I. Notice of Appeal
A. Identify the trial court and state the case's trial court number and
style.
This is an appeal from the District Court, 200 th Judicial District,
Travis County; In the Interest of E.R.C., A Minor Child; Cause No.
D-1-FM-10-003078.
B. State the date of the judgment or order appealed from.
a. The Order in Suit to Modify Parent-Child Relationship
rendered on July 22, 2015, and signed on December 9, 2015, by
Judge Timothy Sulak is appealed in its entirety.
b. The Interlocutory Ruling rendered on July 20, 2015, by Judge
Timothy Sulak denying Respondent’s First Amended Motion to
Exclude Evidenced is appealed in its entirety.
c. The following Interlocutory Order rendered on July 17, 2015,
by Judge Timothy Sulak and signed on July 17, 2015, is
appealed in its entirety: Order Regarding Psychiatric Evaluation
Report.
d. The following Interlocutory Order rendered on February 2,
2015, by Judge Leonard Saenz and signed on February 2, 2015,
is appealed in its entirety: Order Appointing Guardian Ad
Litem.
e. The following Interlocutory Order rendered on February 2,
2015, by Judge Leonard Saenz and signed on February 17,
2015, is appealed in its entirety: Temporary Orders In Suit to
Modify Parent-Child Relationship. [1] *3 f. The following Interlocutory Order rendered on June 1, 2015, by
Judge Stephen Yelenosky and signed on June 2, 2015, is
appealed in its entirety: Order on Motion for Protective Order.
g. The following Interlocutory Orders rendered on June 1, 2015,
by Judge Stephen Yelenosky and signed on June 3, 2015, are
appealed in their entirety: Order on Petitioner’s Second
Amended Motion for Sanctions and Order on Respondent’s
Request for DNA Testing.
h. The following Interlocutory Orders rendered on June 7, 2015,
by Judge Stephen Yelenosky and signed on June 3, 2015, are
appealed in their entirety: Order on Petitioner’s Second
Amended Motion for Sanctions and Order on Respondent’s
Request for DNA Testing.
i. The following Interlocutory Order rendered on or about
November 19, 2015, by Judge James “Jimmy” Carroll and
signed on or about November 19, 2015, are appealed in their
entirety: Order Denying Motion to Disqualify or Recuse.
j. The following Interlocutory Orders rendered on December 9,
2015, by Judge Tim Sulak and signed on or about December 9,
2015, is appealed in their entirety: Respondent’s First Amended
Motion for New Trial.
k. The following Post-Trial Order rendered on December 9, 2015:
Motion to Stay Final Judgement Pending Appeal.
l. The following excerpt from Section 1.3 of the Travis County
Local Rules is appealed: “Any Judge May Conduct Hearing.
The District Clerk will file cases by distributing them equally,
on a rotating basis, among the District Courts. However,
hearings are assigned to available judges without regard to the
court in which the case is filed. For all matters, therefore, the
District Court identified in the style of the case does not mean
the judge of that court will conduct the hearing. Unless a case is
specially assigned to a particular judge, pursuant to these rules,
each hearing in a case may be heard by any judge. For non-jury
cases on the Short Central Docket, the Court Administrator
assigns the hearings to available judges. For all other matters,
the judge calling the docket assigns the hearings.” [2]
C. State that the party desires to appeal. *5 Appellant, Brandi K Stokes, desires to appeal.
D. State the court to which the appeal is taken.
This appeal is being taken to the 6th Court of Appeals, whose
mailing address is 100 N. State Line Ave., Ste. 20 Texarkana, Texas
75501.
E. State the name of each party filing the notice.
Brandi K Stokes
F. This is not an accelerated appeal.
G. This is not a restricted appeal.
H. An objection to Appellant’s Affidavit of Indigency (Inability to Pay
Cost) was sustained on August 7, 2015, by Judge Lora Livingston.
II. Additional Notice
At the filing of this Notice of Appeal, the following items of business
were outstanding in this case and any adverse rulings or actions on these items
are appealed: Respondent’s First Amended Request for Findings of Facts and
Conclusions of Law has been issued for all appealed rulings and orders.
Respectfully submitted,
Brandi Stokes, P.C.
P.O. Box 301916, Austin, Texas 78703 Tel: (512) 206-0202, Fax: (512) 519-2013 By:__/s/ Brandi K Stokes
Brandi K Stokes, Respondent *6 State Bar No. 24044940
Pro Se Appellant
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served on all entitled persons in
accordance with the Texas Rules of Civil Procedure on or before December 9,
2015.
/s/ Brandi K Stokes
Brandi K Stokes
[1] The written order indicates that the hearing was held on February 5, 2015. That indication is a typographical error. The hearing was held on February 2, 2015.
[2] Appellant contends that this provision of the local rules violates the due process clauses of both the US and Texas Constitutions. Additionally, this procedure invites forum shopping and weakens judicial accountability for professional misconduct of court-appointed experts, as no individual District Judge can reasonably be held accountable when a case is mishandled over the course of multiple hearings.