Billy D. Burleson, Jon J. Mark, and Craig A. Bennight v. Collin County Community College District

• Court: Court of Appeals of Texas
• Decided: November 8, 2015
• Docket: 05-15-01361-CV
• Status: Published

Opinion

ACCEPTED 05-15-01361-CV FIFTH COURT OF APPEALS Appellate Docket Number: 05-15-01361-CV DALLAS, TEXAS 11/9/2015 12:00:00 AM LISA MATZ Appellate Case Style: Burleson CLERK

Vs. Collin County Community College District

Companion Case No.: FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 11/8/2015 4:32:01 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) LISA MATZ Clerk Appellate Court: 5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s)

V Person • Organization (choose one) E Lead Attorney First Name: Chad First Name: Billy Middle Name: M. Middle Name: D. Last Name: Ruback Last Name: Burleson Suffix: Suffix: III. Law Firm Name: The Ruback Law Firm

Pro Se: 0 Address 1: 8117 Preston Road Address 2: Suite 300 City: Dallas State: Texas Zip+4: Telephone: (214) 522-4243 ext. Fax: (214) 522-2191 Email: chad@appeal.pro SBN: 90001244

I. Appellant II. Appellant Attorney(s) V Person Organization (choose one) Fr Lead Attorney First Name: Chad First Name: Jon Middle Name: M. Middle Name: J. Last Name: Ruback Last Name: Mark Suffix: Suffix: Law Firm Name: The Ruback Law Firm

Pro Se: 0 Address 1: 8117 Preston Road Address 2: Suite 300

Page 1 of 8 City: Dallas State: Texas Zip+4: 75225 Telephone: (214) 522-4243 ext. Fax: (214) 522-4243 Email: chad@appeal.pro SBN: 90001244

I. Appellant II. Appellant Attorney(s) F Person Organization (choose one) 17 Lead Attorney First Name: Chad First Name: Craig Middle Name: M. Middle Name: A. Last Name: Ruback Last Name: Bennight Suffix: Suffix: Law Firm Name: The Ruback Law Firm

Pro Se: 0 Address 1: 8117 Preston Road Address 2: Suite 300 City: Dallas State: Texas Zip+4: 75225 Telephone: (214) 522-4243 ext. Fax: (214) 522-2191 Email: chad@appeal.pro SBN: 90001244

III. Appellee IV. Appellee Attorney(s) • Person 17 Organization (choose one) 17 Lead Attorney Organization Name: Collin County Community College District First Name: Charles First Name: Middle Name: J. Middle Name: Last Name: Crawford Last Name: Suffix: Suffix: Law Firm Name: Abernathy, Roeder, Boyd & Joplin, P.C. Pro Se: 0 Address 1: 1700 Rosebud Boulevard Address 2: Suite 300 City: McKinney State: Texas Zip+4: 75069 Telephone: (214) 544-4000 ext. Fax: (214) 544-4040 Email: ccrawford@abemathy-law.com SBN: 05018900

Page 2 of 8 V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Other Employment Date order or judgment signed: August 10, 2015 Type of judgment: Dismissal Date notice of appeal filed in trial court: November 6, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes X No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): Yes X No 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 X No If yes, please specify statutory or other basis for such status:

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

Appeal should receive precedence, preference, or priority under statute or rule: Yes X No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes X No Judgment or order disposes of all parties and issues: X Yes No Appeal from fmal judgment: X Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes X No VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: 7 Yes No If yes, date filed: September 9, 2015 Motion to Modify Judgment: nYes X No If yes, date filed: Request for Findings of Fact 7 Yes No If yes, date filed: August 28, 2015 and Conclusions of Law: Motion to Reinstate: nYes X No If yes, date filed:

Motion under TRCP 306a: n Yes 7 No If yes, date filed:

Other: n Yes IF No If other, please specify:

VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court: . Yes . No If yes, date filed:

Contest filed in trial court: 1lYes 7 No If yes, date filed:

Date ruling on contest due:

Ruling on contest: Sustained Overruled Date of ruling:

Page 3 of 8 VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes X No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: 416th District Court Clerk's Record: County: Collin Trial Court Clerk: County X1 District Trial Court Docket Number (Cause No.): 416-04944-2014 Was clerk's record requested? Yes X1 No If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested: ASAP First Name: Chris Were payment arrangements made with clerk? Middle Name: Yes X No Indigent Last Name: Oldner (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 2100 Bloomdale Road Address 2 : Suite 20030 City: McKinney State: Texas Zip + 4: 75071 Telephone: (972) 548-4520 ext. Fax: Email:

Reporter's or Recorder's Record:

Is there a reporter's record? X Yes 7 No Was reporter's record requested? Yes X1No

Was there a reporter's record electronically recorded? 7 Yes X No If yes, date requested:

If no, date it will be requested: ASAP Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Page 4 of 8 XI Court Reporter Court Recorder IX Official H Substitute

First Name: Sue Middle Name: Last Name: Maienschein Suffix: Address 1: 2100 Bloomdale Road Address 2: Suite 20030 City: McKinney State: Texas Zip + 4: 75071 Telephone: (972) 548-4579 ext. Fax: Email:

X. Supersedeas Bond Supersedeas bond filed: . Yes R No If yes, date filed:

Will file: ll Yes 17 No

XI. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? . Yes 17 No If yes, briefly state the basis for your request:

X11. 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? Yes El No

If no, please specify: Has the case been through an ADR procedure? Yes >7 No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? 7 Pre-Trial 7 Post-Trial 7 Other If other, please specify:

Type of case? Other Employment 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): trial court erred in granting defendant's plea to the jurisdiction

How was the case disposed of? Dismissal Summary of relief granted, including amount of money judgment, and if any, damages awarded. defendant's plea to jurisdiction granted If money judgment, what was the amount? Actual damages: Punitive (or similar) damages:

Page 5 of 8 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify:

Will you challenge this Court's jurisdiction? 7 Yes >7 No Does judgment have language that one or more parties "take nothing"? 7 Yes N No Does judgment have a Mother Hubbard clause? nYes >7 No Other basis for fmality? trial court granted defendant's plea to the jurisdiction, disposing of all parties and all claims Rate the complexity of the case (use 1 for least and 5 for most complex): H1 H2 H3 H4 H 5 Please make my answer to the preceding questions known to other parties in this case. H Yes H No Can the parties agree on an appellate mediator? Yes 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: Chad M. Ruback

X111. 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.

Page 6 of 8 XIV. Pro Bono Program: (Completlection if filing in the 1st, 2nd, 3rd 3th or 14thlourts of Ap 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 fmancial 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 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 form 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 Listsery to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? ❑ Yes El 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

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 of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.

Are you willing to disclose your fmancial circumstances to the Pro Bono Committee? Yes No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms 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 fmancial 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).

Signature of counsel (or pro se party) Date: November 8, 2015

Printed Name: Chad M. Ruback State Bar No.: 90001244

Electronic Signature: Chad M. Ruback (Optional)

Page 7 of 8 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 November 8, 2015 •

Signature of counsel (or pro se party) Electronic Signature: Chad M. Ruback (Optional)

State Bar No.: 90001244 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: (1) 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: November 8, 2015 Manner Served: eServed

First Name: Charles

Middle Name: J. Last Name: Crawford Suffix: Law Firm Name: Abernathy, Roeder, Boyd & Joplin, P.C.

Address 1: 1700 Rosebud Boulevard Address 2: Suite 300

City: McKinney State Texas Zip+4: 75069 Telephone: (214) 544-4000 ext. Fax: (214) 544-4040 Email: ccrawford@abernathy-law.com If Attorney, Representing Party's Name: Collin County Community College District

Ver. 1.0 7/12

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