Appellate Docket Number: [REDACTED]

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)

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
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

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
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
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:

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

V. Perfection Of Appeal And Jurisdiction

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

VIII. Bankruptcy

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

X. Supersedeas Bond

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

Will you challenge this Court‘s jurisdiction? ☐ Yes ☑ No

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.

XIV. Pro Bono Program

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

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 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

Date Served: September 25, 2015

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