City of Dallas v. in Re: Heather Russell

• Court: Texas Supreme Court
• Decided: March 26, 2018
• Docket: 05-18-00289-CV
• Status: Published

Opinion

ACCEPTED 05-18-00289-CV 05-18-00289-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 3/26/2018 1:44 PM LISA MATZ CLERK Appellate Docket Number: 05-18-00280-CV Appellate Case Style: City of Dallas Vs. In Re: Heather Russell Companion Case(s): FILED IN 5th COURT OF APPEALS Amended/Corrected Statement DALLAS, TEXAS DOCKETING STATEMENT (Civil) 3/26/2018 1:44:35 PM Appellate Court: 5th Court of Appeals LISA MATZ (to be filed in the court of appeals upon perfection of appeal under TRAP Clerk 32) NOTE: Because space for additional parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party's name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party's lead counsel. Jfthe party is not represented by an attorney, that party S name, address, telephone number, fax number should be provided

. ·I. Annellant IL Annellant Attornev(s).- Continued .. .·

Person x Organization X Lead Attorney Retained Name: City of Dallas Name: Jennifer Carter Huggard

Pro Se Bar No. 00792998 If Pro Se Party, enter the following information: Firm Name: Dallas City Attorney's Office

Address: Address 1: 1500 Marilla, Room 7DN City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas, Texas 75201 Email: Tel. (214) 670-5622 Ext. Fax: (214) 670-0622 e-===--~~---~~-----------, ,___11_._A~,p~p,e_ll_a_n_t_A_t_t_o_rn_e~iy~(!S) ~ · - - - · - - - - - - - - < Email: jennifer.huggard@dallascityhall.com Lead Attorney Retained Retained Lead Attorney Name: Talia R. Wilson Name: Barbara Rosenberg Bar No. 00795793 Bar No. 17267700 Firm Name: Dallas City Attorney's Office Firm Name: Dallas City Attorney's Office Address 1: 1500 Marilla, Suite 7DN Address 1: 1500 Marilla, Room 7DN Address 2: Address 2: City/State/Zip: Dallas, Texas 75201 City/State/Zip: Dallas, Texas 75201 Tel. (214) 671-9553 Ext. Fax: (214) 670-0622 Tel. (214) 671-9568 Ext. Fax: (214) 670-0622 EmaiJ:tatia.wilson@dallascityhall.com Email: barbara.rosenberg@dallascityhall.com Lead Attorney Select Retained Lead Attorney Name: Name: James B. Pinson Bar No. BarNo. 16017700 Firm Name: Firm Name: Dallas City Attorney's Office Address 1: Address 1: 1500 Marilla, Room 7DN Address 2: Address 2: City/State/Zip: City/State/Zip: Dallas, Texas 75201 Tel. Ext. Fax: Tel. (214) 670-4844 Ext. Fax: (214) 670-0622 Email: EmaiI:iames.pinson@dallascityhall.com

PageloflO III. Annellee IV. Annellee Attorney(s) - Continued x Person Organization Lead Attorney Retained Name: Heather Russell Name: T. Dean Malone Pro Se Bar No. 24003265 If Pro Se Party, enter the following information: Firm Name:Law Offices of Dean Malone, P.C. Address: Address I :900 Jackson Street, Suite 730 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas, Texas 75202 Email: Tel. (214) 670-9989 Ext. Fax: (214) 670-9904 i--=:-;---;-----;;---:-:--,----;:-:------,--:-c-,--,----j IV. Appellee Attorney(s) . . ·· Email:dean@deanmalone.com >----~---~-~~-----------< Lead Attorney Select Name: Lead Attorney Retained Bar No. Name: Michael T. O'Connor Firm Name: Bar No. 24032922 Address I: Firm Name: Law Offices of Dean Malone, P.C. Address 2: Address I: 900 Jackson Street, Suite 730 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas, Texas 75202 Email: Tel. (214) 670-9989 Ext. Fax: (214) 670-9904 Email: michael.oconnor@deanmalone.com

Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address I: Firm Name: Address 2: Address I: City/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email: Fax: Email:

Page 2 of 10 ·.· V. Perfection of Appeal, Jnd2ment and Sentencinl! ·. .

Nature of Case (Subject matter or type of case): Governmenal Immunity Date Order or Judgment signed: 03/08/2018 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 03/15/2018 lfmailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: x Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code

Accelerated Appeal (See TRAP 28): x Yes No If yes, please specify statutory or other basis on which appeal is accelerated: Section 51.0l4(a)(8) of the Texas Civil Practice and Remedies Code

Parental Termination or Child Protection? (See TRAP 28.4): Yes XNo Permissive? (See TRAP 28.3): Yes XNo If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes XNo If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? x Yes No If yes, please specify statutory or other basis for such status: TRAP 28.l(a)

Does this case involve an amount under $100,000? x Yes No Judgment or Order disposes of all parties and issues? Yes XNo Appeal from final judgment? Yes xNo Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes xNo

VI. Actions Extendin2 Time To Perfect Anneal ·.·

Motion for New Trial: Yes x No If yes, date filed: Motion to Modify Judgment: Yes x No If yes, date filed: Request for Findings of Pact and Conclusions of Law: Yes X No If yes, date filed: Motion to Reinstate: Yes x No If yes, date filed: Motion under TRCP 306a: Yes x No If yes, date filed: Other: Yes x No If Other, please specify:

Page 3 of 10 VII. lndieencv of Partv (Attach file stamned coov ofStatement and conv of the trial court order.) Was Statement oflnability to Pay Court Costs filed in the trial court? Yes x No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes x No If yes, date filed: Was there any hearing on appellant's ability to afford court costs? Yes x No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes x No Date of Order: If yes, trial court finding: Challenge Sustained Overruled

. VIII. Bankruotcv 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: 68th Judicial District Court Clerk's Record County: Dallas Trial Court Clerk: .t District County Trial Court Docket No. (Cause No.): Was Clerk's record requested? .t Yes No DC-17-16097-C If yes, date requested: 03/15/2018 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Judge Martin Hoffman Were payment arrangements made with clerk? Address 1: 600 Commerce Indigent .t Yes No Address 2: 5th Floor New Tower (Note: No request required under TRAP 34.S(a),(b).) City/State/Zip: Dallas, Texas 75202 Tel. (214) 653-6510 Ext. Fax: Email: unknown

Page4 of IO . ~ IX. Trial Court and Recore! - Continued . .

Reporter's or Recorder's Record Is there a Reporter's Record? x Yes No Was Reporter's Record requested? x Yes No If yes, date requested: 03/15/2018 If no, date it will be requested: Was the Reporter's Record electronically recorded? x Yes No Were payment arrangements made with the court reporter/court recorder? x Yes No Indigent

x Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Antionette Reagor Name: Address I: 600 Commerce Street Address I: Address 2: Address 2: City/State/Zip: Dallas, Texas 75202 City/State/Zip: Tel..(214) 653-7158Ext. Fax: Tel. Ext. Fax: Email: unknown Email:

X. Sunersedeas Bond . . . . . . . Supersedeas bond filed? Yes x No If yes, date filed: If no, will file? Yes x No

. XI. Extraordinarv Relief . . '" ' '

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

Page 5 of IO XII. Alternative Dispute Resolution/Mediation .· (CQmplete section if filine fo the 1' 1, 2"d, 5th, 61h, gth, lO'h, 13th, or 14th Court of Anneals.) Should this appeal be referred to mediation? Yes x No Ifno, please specify: not applicable Has this case been through an ADR procedure? Yes x No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Govemmenal Immunity 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):

This is an appeal of a denial of a plea to the jurisdiction asserting immunity from Petitioner's Rule 202 Pet

How was the case disposed of? Order Summary ofrelief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: $ 0.00 Punitive (or similar) damages: $ 0.00 Attorney's fees (trial): $ 0.00 Attorney's fees (appellate): $ 0.00 Other: If other, please specify: Order allowing pre-suit deposition to investigate claims. Will you challenge this Court's jurisdiction? X Yes No Does judgment have language that one or more parties "take nothing"? Yes x No Does judgment have a Mother Hubbard clause? X Yes No Other basis for finality:

Page 6 of!O XII. Alternative Dispute Resolution/Mediation - Continued · (Comolete.section iffilim! in the pt, 2~d, 5th, <,th, sth, 10th, 13th, or 141h Court of Anneals.) Rate the complexity of the case (use I for least and 5 for most complex): l X 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes x No Can the parties agree on an appellate mediator? Yes x No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement: Jennifer Huggard

. .· . . XIII. Related Matters ·.· ·• . ·. List anv pending or past related anneals before this, or anv other Texas Annellate Court, bv Court, Docket, and Stvle. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 10 XIV..Pro Bono Program: . (Complete section iffilin1!in the 1'', 2 11d, 3rd, 5th, 7th, 13th or 14th Court 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. 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 infonnation 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 htip:i/www.tex-app.org. lfyour 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. Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes li9No 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? D Yes ligNo 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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? D Yes D No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspc.hhs.gov/poverty/06povertv .shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes DNo If yes, please attach a Statement of Inability to Pay Court Costs 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 a Statement 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). The City of Dallas claims it is immune from the Petitioner's Rule 202 Petition to investigate claims because the Petition did not plead facts to show a waiver of immunity. The applicable standard ofreview is de nova.

Page 8 of!O XV. Signature .. . 0312612018 Signature of counsel (or Pro Se Party) Date Jennifer Carter Huggard 00792998 Printed Name State Bar No. Isl Jennifer Carter Huggard Jennifer Carter Huggard Electronic Signature (Optional) Name

. . . . 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:

Isl Jennifer Carter Huggard Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

00792998 State Bar No.

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 the attornev.

Page 9 of!O I Please enter the following for.each person served: Date Served: Date Served: 03/26/2018 Manner Served: Select Manner Served: eServe Name: Name: Michael T. O'Connor Bar No. Bar No. 24032922 Firm Name: Firm Name: Law Offices of Dean Malone, P.C.

Address I: Address I: 900 Jackson Street, Suite 730 Address 2: Address 2: City/State/Zip: City/State/Zip: Dallas, Texas 75202

Tel. Ext. Fax: Tel. (214) 670-9989 Ext. Fax: (214) 670-9904 Email: Email: michael.oconnor@deanmalone.com

Party: Heather Russell Party: Heather Russell

Date Served: Date Served:

Manner Served: Select Manner Served: Select

Name: Name:

Bar No. Bar No.

Firm Name: Firm Name:

Address I: Address I:

Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax:

Email: Email:

Date Served: 03/26/2018 Manner Served: eServe Name: T. Dean Malone Bar No. 24003265 Firm Name: Law Offices of Dean Malone, P.C. Address J: 900 Jackson Street, Suite 730 Address 2: City/State/Zip: Dallas, Texas 75202 Tel. (214) 670-9989 Ext. Fax: (214) 670-9904 Email: dean@deanmalone.com Party: Heather Russell

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