Erica Davenport v. Chris Davenport

• Court: Court of Appeals of Texas
• Decided: December 4, 2015
• Docket: 01-15-01031-CV
• Status: Published

Opinion

FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS John D. Kinard 12/4/2015 12:16:31 PM District Clerk CHRISTOPHER A. PRINE Clerk

December 04, 2015

First Court of Appeals Christopher A. Prine, Clerk of Court 301 Fannin, 2nd floor Houston, TX 77002-2066

NOTICE OF ASSIGNMENT ON APPEAL

IN RE: Cause No. 09-FD-1574, Styled In Re: In the Interest of a Child/ren- Filed in 306th District Court of Galveston County, Texas

Dear Clerk:

Please find enclosed a copy of the notice of appeal filed in the above case. This case is assigned to the Department of Family and Protective Services Court of Appeals, Houston, Texas.

Please note the following information: Date of Appealable Order or Judgment: 08/17/2015 Notice of Appeal: 11/16/2015 Motion for New Trial filed: None Filed Request for Finding of Facts and Conclusions of Law filed: 09/03/2015 Trial Judge: Anne B. Darring Court Reporter: Mary Kate Piper

Request is hereby made that all parties immediately file any designation of material to be included in the Clerk’s record. Any ‘Motions for Extension of Time’ to file the record on appeal must be filed directly with the Court of Appeals. A copy of this assignment letter is being mailed to all counsel of record.

Sincerely,

John D. Kinard, District Clerk Galveston County, Texas

By: /s/ Sara Redmond, Deputy

600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388

Phone (409) 766-2424 Copy sent to:

Kathleen Collins Attorney For : Erica Davenport, Appellant 2228 Mechanic Street, Suite 312-313 Galveston, TX 77550 kcollins@galvestonlaw.net emailed

Cynthia T. Cameron Attorney for: Chris Herring Davenport, II 602 Sawyer, Suite 700 Houston, TX 77007 cindy@cindycameronlaw.com emailed

Mary Kate Piper Court Reporter for 306th District Court 600 59th Street, Suite 3304 Galveston, TX 77551 Hand Delivered

600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388

Phone (409) 766-2424 Filed: 11/16/2015 2:32:49 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 7845871 By: Linda Packard 11/16/2015 3:20:11 PM

NO. 09-FD-1574

IN THE INTEREST OF § IN THE DISTRICT COURT § K.D. § 306th JUDICIAL DISTRICT § A CHILD § GALVESTON COUNTY, TEXAS

NOTICE OF APPEAL

This Notice of Appeal is filed by Erica Davenport, Petitioner, a party

to this proceeding who seeks to alter the trial court's judgment or other

appealable order.

1. The trial court, cause number, and style of this case are as

shown in the caption above.

2. The judgment or order appealed from was signed on August

17, 2015.

3. Erica Davenport desires to appeal from the portion of the

Court’s judgment as follows:

a. The amount of child support ordered to be paid by the

Respondent to Petitioner. The amount of child support ordered by the

court varies from the amount computed by applying the percentage

guidelines under Section 154.125 or 154.129;

b. The possession and access schedule ordered by the

court. The possession and access schedule ordered by the court 1 significantly varies from the standard possession order under

section 153 of the Texas Family CodeDQG

c. The award of specific rights and duties of parent

managing conservators, specifically the order from the court awarding

each parent the independent right to consent to medical, dental and

surgical treatment involving invasive procedure and to consent to

psychiatric and psychological treatment;

4. This appeal is being taken to either the First or Fourteenth

Court of Appeals.

5. This notice is being filed by Erica Davenport.

6. This is an accelerated appeal. This is not a parental

termination case or a child protection case.

Respectfully submitted,

Kathleen Collins and Associates, LLP 2228 Mechanic Street Suite 312- 313 Galveston, TX 77550 Tel: (409) 763-8616 Fax: (713) 864-0797 Digitally signed by Kathleen Collins DN: cn=Kathleen Collins, o=The Collins Law Kathleen Collins Office, ou, email=KCOLLINS@GALVESTONLAW.NET, c=US Date: 2015.11.16 14:22:05 -06'00' By: Kathleen Collins State Bar No. 04613232 kcollins@galvestonlaw.net Attorney for Petitioner

Certificate of Service

I certify that a true copy of this Notice of Appeal was served in

accordance with rule 9.5 of the Texas Rules of Appellate Procedure on

each party or that party's lead counsel as follows:

Party: Chris Davenport

Lead attorney: Cynthia Cameron

Cynthia T. Cameron Attorney at Law, P. C. Address of service: 602 Sawyer, Suite 700 Houston, Texas 77007 Tel: (713) 868-6051 Fax: (713) 868-6054

Annette M. Henry The Henry Law Firm, P.C. 701 N. Post Oak Rd, Suite 615 Houston, Texas 77024 Tel: (713) 236-1818 Fax: (281)768-2439

Method of service: by fax

Date of service: November 16, 2015

3 Digitally signed by Kathleen Collins

Kathleen Collins DN: cn=Kathleen Collins, o=The Collins Law Office, ou, email=KCOLLINS@GALVESTONLAW.NET, c=US Date: 2015.11.16 14:21:48 -06'00'

Kathleen Collins Attorney for Petitioner