Carolyn Barnes v. Dusty Humes

Opinion

November 30, 2015

NO. 03-15-00719

IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS

CAROLYN BARNES, ET AL, APPELLANT

DUSTY HUMES, PH.D. AND RICHARD COONS, M.D.

JOINT MOTION TO CLARIFY RECORD FOR APPEAL

On Appeal From Cause No. D-l-GN-15-000877

From The 419th Judicial District Court Of Travis County, Texas

The Honorable Orlinda Naranjo Presiding

Carolyn Barnes, J.D., Ph.D. 419 Indian Trail Leander, Texas 78641 (281)467-8681 Barnes.legalguidance@gmail.com IDENTITY OF PARTIES AND COUNSEL

Appellant:

Carolyn Barnes 419 Indian Trail Leander, Texas 78641 (281)467-8681 Barnes.legalguidance@gmail.com

Appellees:

DUSTY HUMES, PH.D. RICHARD COONS, M.D.

Counsel for Appellees:

Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@evans-rowe.com

David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.com JOINT MOTION TO CLARIFY RECORD FOR APPEAL

On October 6, 2015, the trial court entered an Order granting the

motion for summary judgment filed by Richard Coons, M.D. On the same

date, the trial court also entered an Order granting the motion for summary

judgment filed by Dusty Humes, Ph.D.

Subsequently, Richard Coons, M.D. was severed into a separate cause

number to allow this appeal. It was assigned a new cause number D-l-GN-

15-004460. Dusty Humes, Ph.D. was also severed and assigned a new cause

number D-l-GN-15-004461.

The parties are jointly working on the designation of the Clerk's

Record for appeal. There is confusion due to the nature of this case

concerning where matters have been filed and the docketing of two

apparently similar cases at the Third Court of Appeals and the parties now

move jointly to correct and clarify the record for appeal.

On November 10, 2015, this cause was docketed in the Third Court of

Appeals under Cause No. 03-15-00700-CV. A week later, on November 17,

2015, a similar styled case was docketed in the Third Court of Appeals

under Cause No. 03-15-00719. The only difference between 0700 and 0719 appears to be that

Richard Coons, M.D. is the lead name in the 0700 appeal and Dusty Humes,

Ph.D. is the lead name in the 0719 appeal.

Therefore, for clarity and purposes of appeal, the parties have agreed

to the following:

(1) The appellate case under No. 03-15-00700 shall only bear the

name of RICHARD COONS, M.D. as the defendant on appeal and will only

deal with the matters pertaining to RICHARD COONS, M.D.;

(2) The appellate case under No. 03-15-00719 shall only bear the

name of DUSTY HUMES, PH.D. as the defendant on appeal and will only

deal with the matters pertaining to DUSTY HUMES, PH.D.;

(3) Any matters filed in the original case D-l-GN-15-00877 or

subsequently filed in D-l-GN-15-004460 shall be made part of the record on

appeal in 03-15-00700 as designated by the parties; and

(4) Any matters filed in the original case D-l-GN-15-00877 or

subsequently filed in D-l-GN-15-004461 shall be made part of the record on

appeal in 03-15-00719 as designated by the parties.

RELIEF REQUESTED

Movants jointly request that the Court grant the Motion for Extension

of Time to file the docketing statements, designate and file the Clerk's Record, and designate and file the Court Reporter's Record for a period of

thirty days; grant the Joint Motion to Clarify Record for Appeal; clarify and

designate Case No. 03-15-00700 to be the appeal concerning RICHARD

COONS, M.D. and the granting of his motion for summary judgment;

clarify and designate Case No. 03-15-00719 to be the appeal concerning

DUSTY HUMES, PH.D. and granting of her motion for summary judgment;

and all other relief requested herein. Movants request that the Court award

all other relief as the Court deems just and proper.

Respectfully submitted,

Carolyn Barnes 419 Indian Trail Leander, TX 78641 281467 8681 barnes.legalguidance@gmail.com

By: Carolyn Barnes Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@^yans-rowe.cj

_ BRETT B. ROWE~^

David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.com

By: DAVID M. DAVIS Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@evans-rowe.com

By: BRETT B. ROWE

David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.pom

DAVID M. DAVIS

j>

COUNTY OF WILLIAMSON

STATE OF TEXAS

Pursuant to Texas Civil Practices and Remedies Code Sec. 132.001, I, Carolyn Barnes, do hereby swear and affirm that the facts stated above are true and correct based on personal knowledge.

I aver that "My name is Carolyn Barnes, my date of birth is January 12, 1957, and my address is 419 Indian Trail, Leander, Texas 78641 in the United States of America. I swear under penalty of perjury that all the facts stated herein are within my personal knowledge and true and correct.

I have read the foregoing Joint Motion To Clarify Record For Appeal and the facts stated within that are not verified by the record are true and correct to the best of her knowledge.

The attorneys representing the opposing parties, RICHARD COONS and DUSTY HUMES have agreed to this joint motion and have authorized me to sign their names with permission on this joint motion. I have attached copies of their actual signatures on the joint motion sent via email.

SWORN TO BEFORE ME ON THIS 24th day of November, 2015.

By:_ Carolyn Barnes CERTIFICATE OF CONFERENCE

Plaintiff has conferred with opposing counsel and they have agreed

and join in the requested relief.

Carolyn Barnes

CERTIFICATE OF SERVICE

By my signature above, I hereby certify that a true and correct copy of

the foregoing document has been served pursuant to Rule 21a of the Texas

Rules of Civil Procedure on all counsel of record on this the 24 day of

November 2015.