*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/21/2015 5:35:38 PM LISA MATZ Clerk *1 ACCEPTED 05-15-01512-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 12/21/2015 5:35:38 PM LISA MATZ Appellate Docket Number: CLERK
Appellate Case Style:
Vs.
Companion Case No.: DOCKETING STATEMENT (Civil)
Amended/corrected statement:
Appellate Court: (to be filed court ofappeals upon perfection ofappeal under TRAP 32) Person Organization (choose one) X Lead Attorney First Name: First Name: Name: Last Name:
Middle Suffix: W
Last Law Firm
Pro Se: O Address I
Address 2 Zip+4: State: ext. 'æ3 Telephone Fax: Email SBN: Person Organization (choose one) n Lead Attomey FirstName: 7¡Q:..1.';;. 1:;.*:-',.: .:'':: ,' Middle Name: B. First Name: Last Name: Lyon
Middle N¿rng; i,-,1:::.''.':11:-.,.:;.1;;,,'.'': ':':,;1:'1,:'t;,-,11:l;;t,,..,.,;.t,,ti;;;.;t;1.:,.112:,'..-;', Suffix:Jr., .'.
Last Name: Ingels
Suffix: :.':' ;. Law Firm Nanre:Ted B. Lyon & Associates, P.C. . . Address l:
Pro Se: C LBJ Freeway, Suite Address 2: Page 'l of I
City: ,r': t -ìì i (: . Zip+4: State: Telephone: ext. Fax: :: :::.'I :;it, Email: !l SBN: X Lead Attomey Person ffOrganization (choose one) First Name: Name: First Name: Last Name:
Middle Suffix: I
Last f Law Firm
Pro Se: O '.; -¡, r.::1. Address 1: i
Address 2: t. zip+4i n State: Telephone: ""t.I
Fax: Email: SBN: Page
Nature of Case (Subject matter or type of case): Type ofjudgment:
Date order or judgment signed:
Date notice of appeal filed in trial court:
If mailed to the trial court clerk, also give date mailed:
Interlocutory appeal ofappealable order: I Ves ffi No
Ifyes, specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): I Yes ffi No
Accelerated appeal (See TRAP 28): or other basis on which is accelerated: Termination or Child Protection? (See TRAP 28.4): [Ves ElNo flves fi No Permissive? (See TRAP 28.3):
or other basis for such status IYes ffiNo
Agreed? (See TRAP 28.2):
fy statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: I Ves I
Ifyes, please or other basis for such status:
Does case involve an amount under $100,000? ffiNo
Judgment or order disposes all parties and issues: f]No
Appeal from finaljudgment: [l Yes f]No I [No
Does the appeal involve constitutionality or the validity ofa statute, rule, or ordinance? yes, date frl"atffi.þ.îli []No ffves
Motion for New Trial: fYes XNo rryes,dater't"¿,Vj:if¿ziirií1ry:í.:ii:í:i
Motion to Modify Judgment: If,yes, date frled: i-'¡ '. ' ' -' ' I Yes Request for Findings ofFact XNo Conclusions of Law: : lfyes, date filed: . ' [Yes XNo Motion to Reinstate: :',''', t Yes :i'r' :':t.:::,t'.,:...::. XNo I f yes, date frled:':;.':' :.'' : ., a Motion under TRCP 306a: flves fi
Other: f,Yes X ìfyes, date fìled:
Affìdavit filed in trial court: [Yes yes, date filed:
Contest fìled trial coutl:
Date ruling on contest due: I Oven'uled Date ruling
Ruling on contest: f Sustained
Page
Has any party to the court's judgment filed for protection bankruptcy which might affect this appeal? f No
Ifyes, please attach a copy ofthe petition.
Date bankruptcy filed: Bankruptcy Case Number:
Coufi: Clerk's Record: Trial Court Clerk: n District fi County
County: Was clerk's record requested? fi n
Trial Court Docket Number (Cause No.):
Ifyes, date requested: Irial Judge (who tried or disposed case): no, date it will requested:
First Were payment affangements made with clerk? ffives [No fllndigent
Last Name: (Note: No reqüest required under TRAP 34'5(a)'(b)) "{ffi
Address I
Address 2 Zip+4
State:
relephone: {,.43.Í,ï;"ffi "*r. YA:ffi},
F ax : i,.:i,ï:t/;7íf"1.Éffi:á.€,
Repofter's or Recorder's Record:
Is there a repofier's rrcord? ff Yes f
Was reporter's record requested? Yes f
Was there repofter's record electronically recorded? f
ll'yes. date requested: December 9,2015 no, date it will be requested:
Were paynrent arrangements made with courl reporter/court recotder? 6V.r f No Ilndigent *5 I Court Recorder
fi Court Reporter
ü ornciat E Substitute
First
Middle
Last Name:
Address l:
Address 2: Zip+4:W
State ext. æ
Telephone
Fax:
Email:
Supersedeas bond filed:flYes ffi No If yes, date filed:
Will file: ffi
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [
Ifyes, briefly state the basis for your request:
Should appeal be referred to mediation?
If no, please
Has the case been through an ADR procedure? ffiYes il yes, who was the rnediator?
What type of ADR procedure?
At what stage did the case go through ADR? Pre-Trial Post-Trial f, Other
ll' other. specily:
Type ofcase? Personal Injury Give brief description of issue to bê mised on appeal, the relief sought, the applicable standard lbr review, if known (without
pre.judice to right to raise additional issues or request additional relief):
Sufüciency of the evidence to support Jury findings of zêro.damages where liabilþ was stipulated. Jury findings were against the great weight and::.r-::,':
preponderance ofthe evidence and manifestly unjust
How was the case disposed of? Trial
Summary relief granted, including arnount money.judgment, and if any, damages awarded. Trial Court rendered judgement ordering that Plaintiff take nothing. money .judgrnent. what was the amount? Actual damages: $0.00
Punitive (or similar') damages: $0.00
Page 5
Attorney's fees (trial):
Attorney's fees (appellate):
Other: other, please specify:
Will you challenge this Couft's jurisdiction? [ Ves No
Does judgment have language that one or more pafties "take nothing"?
Does judgment have Mother Hubbard clause? [Yes I
Other basis for finality?
Ratethecomplexityofthecase(uselforleastand5formostcomplex): Xl n2 n3 [4 n5
Please make my answer to the preceding questions known to other pafties in this case. fi
Can the parties agree on an appellate mediator?
Ifyes, give name, address, telephone, fax and email address: Email Address Telephone Fax
Languages other than English which mediator should profìcient:
Name person filing out mediation section docketing statement:
List any pending or past related appeals before or any other Texas appellate court by coutt, docket number, style. Trial Court:
Docket Number:
Style:
Vs. 6 of
The Courts of Appeals listed above, in conjunction with State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a plogram to place a limited number of civil appeals with appellate counsel who will represent the appellant in
the appeal bef'ore Court.
The pro Bono Committee is solely responsible for screening and selecting the civil cases f'or inclusion in the Program based upon a number of
discretionary criter.ia, 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 ovel'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 paper form at the Clerk's Office or on the Internet at
*w*.te*-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 fbr 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 background, through selected Internet sites and Listserv to its pool ofvolunteer appellate
attorneys. Do you want this case to be considered for inclusion in the Plo Bono Program? f] Yes fl
Do you authorize the pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regãrding the appeal? [ ves
please note that any such conversations would be maintained as conlìdential by the Plo Bono Committee and the information used solely f'or
the purposes of considering the case for inclusion in the Pro Bono Program. you have not previously filed an affìdavit lndigency and attached a file-stamped copy of that affidavit, does your income exceed 200o/o of
th; U.S. Department of Flealth and FIuman Services Federal Poverty Guidelines? [
These guidelines can be f'ound in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gor,/povert,v/06poverty.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? yes, attach an AfIìdavit of Indigency cornpleted and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the inter.net at .!,1_tlp1,^vlòr!-.lax-app.-erg. Your participation in the Pro Bono Program may be conditioned upon youl'execution of
an aflìdavit under oath as to your financial circumstances.
Give a brief descr.iption issues to raised on appeal, the relief sought, the applicable standard of review, if known (without
preju<lice to the r.ight to laise additional issues or l'equest additional reliefl use sepat'ate attachment, if necessary).
XV. Signature December 21,2015 f)ate: counsel (or pro se party) State lJal No.: 24079640
Printed Name: Richard Mann
Irlectlonic Signaturc: /s/ Richar'<i Mann (Optional)
The undersigned counsel certifies that this docketing statement has been served on following lead counsel for all parties to the trial
couft's order orjudgment as follows on
Signature counsel (or pro se party) Electronic Signature: (Optional)
State BarNo.: Person Served
Certifìcate Service Requirements (TRAP 9.5(e)): A certificate of service must signed by the person who made the service and must
state: (l) the date and manner ofservice;
(2) the name and address each person served, and (3) ifthe person served is party's attorney, the name ofthe party represented by that attorney Please enter the following for each person served:
Date Served:
Manner Served:
First Name:
Last Name: ffi
Law Firm
Address l:
Address 2: zip+ : 7:Ø:9r€zf:Vii:,,?.ízr State
rerephone: Wif:{ffiffi ext. 7.F;#
Fax: a4l:zf,{:f(l!¡1,,W:;:i4
Emair: ¿íe¿*í@:,tudátit$. f, /':1*,
Il Attorney, Representing Party's Name: Diane Earnest B of