*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/24/2015 1:32:29 PM CHRISTOPHER A. PRINE Clerk

*1 ACCEPTED 01-15-00617-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/24/2015 1:32:29 PM Appellate Docket Number: 01-15-00617-CV CHRISTOPHER PRINE CLERK Appellate Case Style: Bob Deuell Vs. Texas Right to Life Committee, Inc. Companion Case No.: DOCKETING ST A TEMENT (Civil) Amended/corrected statement: Appellate Court: l st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) IZ! Person D Organization (choose one) D Lead Attorney First Name: George First Name : Bob Middle Name: E. Last Name: Hyde Middle Name: Suffix: Last Name: Deuell

Law Firm Name: Denton Navarro Rocha Bernal Hyde & Zech, Suffix: ,.P.C. Pro Se: 0 L.:>UU w. w1111am l.-annon ur., :::iutte ou, A dress I: d Address 2: City: Austin State: Texas Zip+4: 78745-5320 Telephone: (512) 279-6431

ext. Fax: (512) 279-6438 Email: george.hyde@rampage-aus.com SBN: 45006157

I. Appellant II. Appellant Attorney(s) ~ Person D Organization (choose one) ~ Lead Attorney First Name: Scott

First Name: Bob Middle Name: M. Middle Name: Last Name: Tschirhart Suffix: Last Name: Deuell

Law Firm Name: Denton Navarro Rocha Bernal Hyde & Zech, Suffix: ,P.C. Pro Se: Q Ad ress I: d L.:>uu w. w uuam l.-annon ur., :::iutte OU'J Address 2: Page 1of10 *2 City: Austin State: Texas Zip+4: 78745-5320 Telephone: (512) 279-6431

ext. Fax: (512) 279-6438 Email: scott.tschirhart@rampage-aus.com SBN: 24013655

III. Appellee IV. Appellee Attorney(s) 0 Person [g]Organization (choose one) [g] Lead Attorney Organization Name: Texas Right to Life Committee First Name: N. First Name: Middle Name: Terry Middle Name: Last Name: Adams Last Name: Suffix: Jr. Suffix: Law Firm Name: Beirne, Maynard & Parsons, L.L.P. Pro Se: Q

Address 1: 1300 Post Oak Blvd., Suite 2500 Address 2: City: Houston State: Texas Zip+4: 77056 Telephone: (713) 623-0887 ext. Fax: (713) 960-1527 Email: tadams@bmpllp.com SBN: 00874010

III. Appellee IV. Appellee Attomey(s) D Person D Lead Attorney [g]Organization (choose one) Organization Name: Texas Right to Life Committee First Name: Joseph Middle Name: M. First Name: Middle Name: Last Name: Nixon Last Name: Suffix: Law Firm Name: Beirne, Maynard & Parsons, L.L.P. Suffix: Pro Se: 0

Address 1: 1300 Post Oak Blvd., Suite 2500 Address 2: City: Houston State: Texas Zip+4: 77056 Telephone: (713) 623-0887 ext. Fax: (713) 960-1527 Email: jnixon@bmpllp.com SBN: 15244800

III. Appellee IV. Appellee Attorney(s) 0 Person D Lead Attorney [g]Organization (choose one) Organization Name: Texas Right to Life Committee First Name: James First Name: Middle Name: Edwin *3 Middle Name: Last Name: Trainor Last Name: Suffix: III. Suffix: Law Firm Name: Beirne, Maynard & Parsons, L.L.P. Pro Se: Q 401 W. 15th Street, Suite 845

Address I: Address 2: City: Austin State: Texas Zip+4: 78701-1667 Telephone: (512) 623-6700 ext. Fax: (512) 623-6701 Email: ttrainor@bmpllp.com SBN: 24042052

Page 3of10 *4 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Other Type of judgment: Interlocutory Order Date order or judgment signed: July I, 2015 Date notice of appeal filed in trial court: July l3, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: [g] Yes D No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

[g] Yes D No Accelerated appeal (See TRAP 28): If yes, please specify statutory or other basis on which appeal is accelerated: Defendant filed a motion to dismiss pursuant to Chapter 27 of the Texas Civil Practices and Remedies Code, no hearing was held within the statutory time limit ofninety (90) days, and the motion was denied by operation oflaw. Parental Tennination or Child Protection? (See TRAP 28.4): 0Yes [!]No

D Yes [g] No Pennissive? (See TRAP 28.3): If yes, please specify statutory or other basis for such status:

D Yes 181 No Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status:

D Yes [g] No Appeal should receive precedence, preference, or priority under statute or rule: If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? [g] Yes 0No Judgment or order disposes of all parties and issues: D Yes [g]No

D Yes [g] No Appeal from final judgment: Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes 181No VI. Actions Extending Time To Perfect Appeal If yes, date filed: Motion for New Trial: 0Yes [g] No If yes, date filed : Motion to Modify Judgment: 0Yes [g] No D Yes 181 No Request for Findings of Fact

lfyes, date filed : and Conclusions of Law: OVes [g] No lfyes, date filed : Motion to Reinstate: D Yes [g] No If yes, date filed : Motion under TRCP 306a: Other: 0Yes 181 No If other, please specify: VII. lndigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

D Yes D No If yes, date filed: Affidavit filed in trial court: 0Yes [g] No If yes, date filed : Contest filed in trial court: Date ruling on contest due: D Overruled Ruling on contest: D Sustained

Date of ruling: Page 4of10 *5 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 0Yes ~No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court And Record Court: I 52nd Judicial District Court Clerk's Record: County: Harris Trial Court Clerk: ~ District D County

Was clerk's record requested? D Yes ~ No Trial Court Docket Number (Cause No.): 2014-32179 If yes, date requested: Trial Judge (who tried or disposed of case): Ifno, date it will be requested: 7/24/2015 First Name: Robert Were payment arrangements made with clerk? Middle Name:

~Yes 0No 0Indigent Last Name: Schaffer (Note: No request required under TRAP 34.S(a),(b)) Suffix: Address 1: 201 Caroline 11th Floor Address 2: City: Houston State: Texas Zip + 4: 77002 Telephone: (713) 368-6040 ext. Fax: (713) 368-6801 Email: Salene.Smith@hcdistrictclerk.com Reporter's or Recorder's Record:

~Yes D No Is there a reporter's record? Was reporter's record requested? 0Yes ~No Was there a reporter's record electronically recorded? ~Yes D No If yes, date requested: If no, date it will be requested: July 24, 2015 Were payment arrangements made with the court reporter/court recorder? ~Yes D No Oindigent

*6 D Court Recorder ~ Court Reporter D Official D Substitute First Name: Cynthia Middle Name: Martinez Last Name: Montalvo Suffix: Address I: I 52nd Civil Dist Court. 20 I Caroline, 11th Fir Address 2: City: Houston State: Texas Zip + 4: 77002 Telephone: (713) 368-6037 ext. Fax: Email: cynthiam@justex.net X. Supersedeas Bond Supersedeas bond filed:0Yes ~ No Ifyes, date filed : Will file: D Yes ~ No XI. Extraordinary Relief Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? D Yes ~ No If yes, briefly state the basis for your request: XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? D Yes~ No If no, please specify: Has the case been through an ADR procedure? 0Yes ~ No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? D Pre-Trial D Post-Trial D Other If other, please specify: Type of case? Other Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Chapter 27 of the CPRC requires the dismissal of the Plaintifl's claims in this case. The applicable standard for review is de novo. How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. None If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00

Page 6of10 *7 Attorney's fees (trial): $45,605.00 Attorney's fees (appellate): $5,000.00 Other: $4,552.39 If other, please specify: Filing fee, copy of Clerk's Record, paralegal/staff and costs 0Yes [gJ No Will you challenge this Court's jurisdiction? Does judgment have language that one or more parties "take nothing"? D Yes [gJ No [gJ No Does judgment have a Mother Hubbard clause? DY es Other basis for finality? Interlocutory [gJ l D 2 D 3 D 4 D 5 Rate the complexity of the case (use I for least and 5 for most complex): Please make my answer to the preceding questions known to other parties in this case. [g!Yes D No Can the parties agree on an appellate mediator? D Yes [gJ No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: XIII. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Trial Court:

Style: Vs. *8 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) 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. !fa 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 fonn 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 background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.

D Yes [81 No Do you want this case to be considered for inclusion in the Pro Bono Program? 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? 0 Yes [81 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 I luman Services Federal Poverty Guidelines? D Y cs [81 No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http: nspe.hhs .gov/povcm 06povcrty .shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? 0 Yes 1:81 No If yes, pleose attoch an Affidavit of lndigency completed and executed by the appellant or appcllec. Sample fonns may be found in the Clerk's Office or on the internet at http: www.tex-app.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 of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). XV. Signature Signature of counsel (or prose party) Date: July 24, 2015 Printed Name: Scott M. Tschirhart State Bar No.: 24013655 Electronic Signature:

(Opllonnl) Page 8of10 *9 XVI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial ""Z"dgmoot" follow• O• Signature of counsel (or prose party) Electronic Signature:

(Optional) State Bar No.: 24013655 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:

(I) 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: Date Served: July 24, 2015 Manner Served: eScrved First Name: N. Middle Name: Terry Last Name: Adams Suffix: Jr. Law Finn Name: Beirne, Maynard & Parsons, L.L.P. Address I: 1300 Post Oak Blvd., Suite 2500 Address 2: Houston City: State Texas Zip+4: 77056 (713) 623-0887 Telephone: ext. Fax: (713) 960-1527 Email: tadams@bmpllp.com If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee Please enter the following for each person served:

*10 Date Served: July 24, 2015 Manner Served: eServed

Joseph First Name: Middle Name: M. Nixon Last Name: Suffix: Law Firm Name: Beirne, Maynard & Parson, L.L.P. Address I: 1300 Post Oak Blvd., Suite 2500 Address 2: Houston City: State Texas Zip+4: 77056 Telephone: (713) 623-0887 ext. Fax: (713) 960-1527 Email: jnixon@bmpllp.com If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee Please enter the following for each person served: Date Served: July 25, 2015 Manner Served: eServed First Name: James Middle Name: E. Trainor Last Name: Suffix: ill. Law Firm Name: Beirne, Maynard & Parsons, L.L.P. Address I: 401W.15th Street, Suite 845 Address 2: Austin City: State Texas Zip+4: 78701 Telephone: (512) 623-6700 ext. Fax: (512) 623-6701 Email: ttrainor@bmpllp.com If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee