Anita Kane v. Kathy Brady

• Court: Court of Appeals of Texas
• Decided: June 7, 2018
• Docket: 05-17-01206-CV
• Status: Published

Opinion

ACCEPTED 05-17-01206-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 6/7/2018 12:57 PM LISA MATZ CLERK

CASEY C. CAMPBELL 214.665.2053 FILED IN ccampbell@schellcooley.com 5th COURT OF APPEALS DALLAS, TEXAS 06/07/2018 12:57:48 PM June 7, 2018 LISA MATZ Clerk Via E-file: Lisa Matz, Clerk of the Court Fifth Court of Appeals George L. Allen, Sr. Courts Bldg. 600 Commerce Street, Suite 200 Dallas, Texas 75202-4658 Re: Case No. 05-17-01206-CV; Anita Kane v. Kathy Brady; in the 5th Court of Appeals, Dallas County, Texas Our File No.: 615.0015 Dear Fifth Court of Appeals:

Please allow this letter to serve as a brief update on the status of the underlying matter. As the Court is aware, the matter presently pending before the Fifth Court of Appeals is the denial of Appellant’s Petition for Writ of Certiorari.

The original action was filed in small claims court. Defendant filed a special appearance which was denied. After a trial on the merits, Defendant pursued two appellate procedures: 1) a typical appeal on the merits of the case in general, including jurisdiction; and 2) an Application for Petition of Certiorari to specifically contest the jurisdictional issue. While the “typical appeal” was in the works, the Application for Petition of Certiorari was denied by County Court at Law 5, presumably on the basis the jurisdictional issue would be handled in the “typical appeal.” In order to preserve the appellate issue, and in an abundance of caution, Appellant filed her notice appeal on the denial of the Application for Petition of Certiorari, which is what is currently pending in this honorable court.

While the Writ matter has been pending in this court, the County Courts at law have litigated the “typical appeal.” As a result, Defendant’s special appearance was granted on May 21, 2018 by County Court at Law 2. A copy of the Order is attached for reference. While the issue before this Court is “should the Application for Writ of Certiorari been granted,” the issue is tentatively moot for this case. While the granting of the special appearance has no direct impact on the appropriateness of the denial of the Application for Writ of Certiorari, the undersigned wanted to make the Court aware of the special appearance issue in case such would impact its handling of this matter.

Thank you for your attention in this matter.

Sincerely,

Casey C. Campbell Casey C. Campbell

214.665.2000 MAIN C 214.754.0060 FAX 5057 Keller Springs Road C Suite 425 C Addison, Texas 75001 Fifth Court of Appeals June 7, 2018 Page 2

CCC/kc 505003.1 Enclosure

cc: Via E-file: Charles E. (Chuck) Woods Mastrogiovanni, Mersky & Flynn, P.C. 2001 Bryan St., Ste. 1250 Dallas, TX 75201

Susan C. Cooley Cheryl Chollar Schell Cooley LLP CAUSE NO. CC-18-00890—B

KATHY BRADY § IN THE COUNTY COURT § § Plaintiff, § § AT LAW NO. 2 vs. § § ANITA KANE § .«

§ Defendant. § DALLAS COUNTY, TEXAS

ORDER GRANTING DEFENDANT’S SPECIAL APPEARANCE

On Aggieflflfl', a heanng by this Court on the Defendant’s Special Appearance and afier consideration of the evidence presented this Court enters the following:

Defendant Anita Kane’s Special Appearance - GRANTED.

IT IS THEREFORE, ORDER, ADJUDGED AND DECREED that the Defendant’s Special Appearance is granted. All relief not expressly granted herein is denied.

SIGNED on thisJ e.ggf’zois.

iSDGE PRESfiigG

CC- 18—00890~ B 808A ORDER — SPECIAL APPEARANCE .J

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