Dawn Buckingham, M.D., as the Land Commissioner of the Texas General Land Office v. Lone Oak Club, LLC

• Court: Court of Appeals of Texas
• Decided: August 11, 2025
• Docket: 15-25-00133-CV
• Status: Published

Opinion

ACCEPTED 15-25-00133-CV Appellate Docket Number: 15-25-00133-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: Dawn Buckingham, M.D., as Land Commissioner of the Texas General Land OfficeTEXAS AUSTIN, Vs. Lone Oak Club, LLC 8/11/2025 4:08 PM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 8/11/2025 4:08:22 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / 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. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Dawn Buckingham, M.D. as Land Commissioner (con'd) Name: Rachel C. Moreno Pro Se Bar No. 24078321 If Pro Se Party, enter the following information: Firm/Agency: Kemp Smith LLP Address: Address 1: 221 N. Kansas St. City/State/Zip: Address 2: Suite 1700 Tel. Ext. Fax: City/State/Zip: El Paso, Texas 79901 Email: Tel. (915) 533-4424 Ext. Fax: (915) 546-5360 II. Appellant Attorney(s) Email: rmor@kempsmith.com Lead Attorney Retained Attorney Lead Attorney Select Name: Ken Slavin Name: Bar No. 18496100 Bar No. Firm/Agency: Kemp Smith LLP Firm/Agency: Address 1: 221 N. Kansas St. Address 1: Address 2: Suite 1700 Address 2: City/State/Zip: El Paso, Texas 79901 City/State/Zip: Tel. (915) 533-4424 Ext. Fax: (915) 546-5360 Tel. Ext. Fax: Email: ksla@kempsmith.com Email: Lead Attorney Retained Attorney Lead Attorney Select Name: Deborah C. Trejo Name: Bar No. 24007004 Bar No. Firm/Agency: Kemp Smith LLP Firm/Agency: Address 1: 2905 San Gabriel St. Address 1: Address 2: Suite 205 Address 2: City/State/Zip: Austin, Texas 78705 City/State/Zip: Tel. (512) 226-0005 Ext. Fax: (915) 546-5360 Tel. Ext. Fax: Email: dtre@kempsmith.com Email:

Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: Lone Oak Club, LLC Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email: IV. Appellee Attorney(s) Lead Attorney Retained Attorney Lead Attorney Select

Name: Edgar R. "Ed" Norwood Name: Bar No. 15113500 Bar No. Firm/Agency: The Norwood Law Firm Firm/Agency: Address 1: 340 Main St. Address 1: Address 2: Address 2: City/State/Zip: Liberty, Texas 77575 City/State/Zip: Tel. (936) 336-3700 Ext. Fax: Tel. Ext. Fax: Email: enorwood@ednorwoodlaw.com Email:

Lead Attorney Retained Attorney Lead Attorney Select

Name: Michael Sanders Name: Bar No. 24007981 Bar No. Firm/Agency: Sanders PLLC Firm/Agency: Address 1: 5850 San Felipe St. Address 1: Address 2: Suite 500 Address 2: City/State/Zip: Houston, Texas 77057 City/State/Zip: Tel. (713) 493-7547 Ext. Fax: Tel. Ext. Fax: Email: mcs@sandersfirm.law Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Governmenal Immunity Date Order or Judgment signed: 07/07/2025 Type of Judgment: Bench Trial Date Notice of Appeal filed in Trial Court: 08/06/2025 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):

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

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 If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, is the Attorney General of Texas a party to the case? Yes No

VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: 07/22/2025 Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:

Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 253rd Judicial District Court Clerk’s Record County: Chambers Trial Court Clerk: District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? Yes No CV27446-A If yes, date requested: 08/07/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Chap B. Cain, III Were payment arrangements made with clerk? Address 1: 1923 Sam Houston Yes No Indigent Address 2: Room 223 (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Liberty, Texas 77575 Tel. Ext. Fax: Email: lmanning@chamberstx.gov

Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 08/07/2025 If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Jo Anne Horn Leger Name: Address 1: 1293 Sam Houston, Room 223 Address 1: Address 2: Address 2: City/State/Zip: Liberty, Texas 77575 City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: jleger@chamberstx.gov Email:

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

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

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes 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? Governmenal 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):

How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other: If other, please specify: 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 Other basis for finality:

Page 6 of 11 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) 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 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:

XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Supreme Court Docket: No. 18-0264 Style: George P. Bush, as the Land Commissioner of the Texas General Land Office Vs. Lone Oak Club, LLC Court: 1st Court of Appeals Docket: No. 01-17-00140-CV Style: George P. Bush, as the Land Commissioner of the Texas General Land Office Vs. Lone Oak Club, LLC 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 11 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 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 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 http://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 Listserv to its pool of volunteer appellate attorneys. 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 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? 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 financial circumstances to the Pro Bono Committee? Yes No 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).

Page 8 of 11 Please enter the following for each person served: Date Served: 08/11/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Edgar R. "Ed" Norwood Name: Bar No. 15113500 Bar No. Firm/Agency: The Norwood Law Firm Firm/Agency: Address 1: 340 Main St. Address 1: Address 2: Address 2: City/State/Zip: Liberty, Texas 77575 City/State/Zip: Tel. (936) 336-3700 Ext. Fax: Tel. Ext. Fax: Email: enorwood@ednorwoodlaw.com Email: Party: Appellee Party:

Date Served: 08/11/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Michael Sanders Name: Bar No. 24007981 Bar No. Firm/Agency: Sanders PLLC Firm/Agency: Address 1: 5850 San Felipe St. Address 1: Address 2: Address 2: City/State/Zip: Houston, Texas 77057 City/State/Zip: Tel. (713) 493-7547 Ext. Fax: Tel. Ext. Fax: Email: mcs@sandersfirm.law Email: Party: Appellee Party:

Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:

Page 10 of 11 Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

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