ACCEPTED 06-15-00059-CV Appellate Docket Number: 06-15-00059-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS Frankie Marie Miller, Individually and as Representative of the Estate ofT.J. Miller 8/31/2015 12:00:00 AM Appellate Case Style: DEBBIE AUTREY CLERK Vs. Janie Mullen, as Personal Representative of the Estate of John B Mullen, M.D. "
Companion Case No.: FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/31/2015 8:41:00 AM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals Clerk (to be filed in the court of appeals upon perfection of appeal under 'I'RAP 32)
I. Appellant II. Appellant Attorney(s) ~ Person 0 Organization (choose one) D Lead Attorney First Name: Charles "Chad" First Name: Frankie Middle Name:
Middle Name: Marie Last Name: Baruch
Last Name: Miller Suffix:
Suffix: Law Firm Name: Law Office of Chad Baruch Address I: 320 I Main Street ProSe: 0 Address 2: City: Rowlett State: Texas Zip+4: 75088 Telephone: (972) 412-7192 ext. Fax: (972) 412-4028 Email: baruchesq@aol.com SBN: 01864300
IJI. Appellee IV. Appellee Attorney(s)
~ Person 00rganization (choose one) D Lead Attorney First Name: Russell First Name: Janie Middle Name: w. Middle Name: Last Name: Schell Last Name: Mullen Suffix: Suffix: Law Firm Name: Schell Cooley, LLP ProSe: 0 Address I: 15455 Dallas Parkway, Suite 550 Address 2: City: Addison State: Texas Zip+4: 75001 Telephone: (214) 665-2000 ext. Fax: (214) 754-0060 Email: rschell@schellcooley .com SBN: 17736800 Page 1 of? V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Professional Malpractice
Date order or judgment signed: June 8, 2015 Type of judgment: Summary Judgment Date notice of appeal filed in trial court: August 28,2015 If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: DYes ~?<:]No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): D Yes ~?<:] No If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): DYes ~No
Permissive? (See TRAP 28.3): DYes ~?<:]No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): D Yes ~?<:]No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: DYes ~?<:] No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? D Yes I?<:] No Judgment or order disposes of all parties and issues: ~?<:] Yes D No Appeal from final judgment: ~?<:]Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes I?<:] No
VL Actions Extending Time To Perfect Appeal
Motion for New Trial: ~?<:]Yes D No If yes, date filed: June 30,2015
Motion to Modify Judgment: DYes ~?<:] No If yes, date filed: Request for Findings of Fact DYes ~?<:] No If yes, date filed: and Conclusions of Law: DYes ~?<:] No If yes, date filed: Motion to Reinstate: DYes ~?<:] No If yes, date filed: Motion under TRCP 306a: Other: DYes ~?<:] 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: DYes ~?<:] No If yes, date filed:
Contest filed in trial court: DYes D No If yes, date filed:
Date ruling on contest due:
Ruling on contest: D Sustained D Overruled Date of ruling:
Page 2 of7 ~-------------------------------------------------------------------------- VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes c>:g No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: 76th District Court Clerk's Record: County: Titus Trial Court Clerk: c>:g District D County Trial Court Docket Number (Cause No.): 36865 Was clerk's record requested? c>:g Yes D No
If yes, date requested: August 28,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Danny Were payment arrangements made with clerk? Middle Name: DYes c>:gNo Dlndigent Last Name: Woodson (Note: No request required under TRAP 34.S(a),(b)) Suffix: Address I: P.O. Box492 Address 2: City: Mount Pleasant State: Texas Zip+ 4: 75456 Telephone: (903) 577-6721 ext. Fax: (903) 577-6719 Email:
Reporter's or Recorder's Record:
Is there a reporter's record? c>:gYes D No Was reporter's record requested? c>:gYes D No
Was there a reporter's record electronically recorded? DYes c>:g No If yes, date requested: August 28, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? DYes D No Dlndigent
Page 3 of 7 ~ Court Reporter 0 Court Recorder 0 Official 0 Substitute
First Name: Cresta Middle Name: Last Name: Lefevre Suffix: Address I: P.O. Box 1617 Address 2: City: Mount Pleasant State: Texas Zip+ 4: 75456 Telephone: (903) 285-4035 ext. Fax: Email: cmflefevre@yahoo.com
X. Supersedeas Bond Supersedeas bond filed:0Yes ~ No Ifyes, date filed:
Will file: 0 Yes ~ No
XI. Extraordinary Relief
Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? 0 Yes ~No If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the lst, 2nd, 4th, 5th, 6th, 8th, 9th, lOth, lith, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? 0 Yes~ No
If no, please specity:Previously mediated Has the case been through an ADR procedure? ~Yes 0 No If yes, who was the mediator? Dan Marley What type of ADR procedure? Mediation At what stage did the case go through ADR? ~Pre-Trial 0 Post-Trial 0 Other If other, please specifY: Type of case? Professional Malpractice 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): Propriety of summary judgment; existence of fact issue
How was the case disposed of? Summary Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded. Take-nothing lfmoney judgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 4 of 7 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specifY:
Will you challenge this Court's jurisdiction? DYes IZJ No Does judgment have language that one or more parties "take nothing"? IZJ Yes D No Does judgment have a Mother Hubbard clause? DYes IZJ No Other basis for finality? Disposal of all claims and parties; statement judgment disposes of entire case Rate the complexity of the case (use 1 for least and 5 for most complex): D I D 2 IZJ 3 D 4 D 5 Please make my answer to the preceding questions known to other parties in this case. IZJ Yes D No Can the parties agree on an appellate mediator? DYes IZJ 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:
XIII.
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ACCEPTED 06-15-00059-CV Appellate Docket Number: 06-15-00059-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS Frankie Marie Miller, Individually and as Representative of the Estate ofT.J. Miller 8/31/2015 12:00:00 AM Appellate Case Style: DEBBIE AUTREY CLERK Vs. Janie Mullen, as Personal Representative of the Estate of John B Mullen, M.D. "
Companion Case No.: FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/31/2015 8:41:00 AM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals Clerk (to be filed in the court of appeals upon perfection of appeal under 'I'RAP 32)
I. Appellant II. Appellant Attorney(s) ~ Person 0 Organization (choose one) D Lead Attorney First Name: Charles "Chad" First Name: Frankie Middle Name:
Middle Name: Marie Last Name: Baruch
Last Name: Miller Suffix:
Suffix: Law Firm Name: Law Office of Chad Baruch Address I: 320 I Main Street ProSe: 0 Address 2: City: Rowlett State: Texas Zip+4: 75088 Telephone: (972) 412-7192 ext. Fax: (972) 412-4028 Email: baruchesq@aol.com SBN: 01864300
IJI. Appellee IV. Appellee Attorney(s)
~ Person 00rganization (choose one) D Lead Attorney First Name: Russell First Name: Janie Middle Name: w. Middle Name: Last Name: Schell Last Name: Mullen Suffix: Suffix: Law Firm Name: Schell Cooley, LLP ProSe: 0 Address I: 15455 Dallas Parkway, Suite 550 Address 2: City: Addison State: Texas Zip+4: 75001 Telephone: (214) 665-2000 ext. Fax: (214) 754-0060 Email: rschell@schellcooley .com SBN: 17736800 Page 1 of? V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Professional Malpractice
Date order or judgment signed: June 8, 2015 Type of judgment: Summary Judgment Date notice of appeal filed in trial court: August 28,2015 If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: DYes ~?<:]No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): D Yes ~?<:] No If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): DYes ~No
Permissive? (See TRAP 28.3): DYes ~?<:]No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): D Yes ~?<:]No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: DYes ~?<:] No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? D Yes I?<:] No Judgment or order disposes of all parties and issues: ~?<:] Yes D No Appeal from final judgment: ~?<:]Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes I?<:] No
VL Actions Extending Time To Perfect Appeal
Motion for New Trial: ~?<:]Yes D No If yes, date filed: June 30,2015
Motion to Modify Judgment: DYes ~?<:] No If yes, date filed: Request for Findings of Fact DYes ~?<:] No If yes, date filed: and Conclusions of Law: DYes ~?<:] No If yes, date filed: Motion to Reinstate: DYes ~?<:] No If yes, date filed: Motion under TRCP 306a: Other: DYes ~?<:] 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: DYes ~?<:] No If yes, date filed:
Contest filed in trial court: DYes D No If yes, date filed:
Date ruling on contest due:
Ruling on contest: D Sustained D Overruled Date of ruling:
Page 2 of7 ~-------------------------------------------------------------------------- VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes c>:g No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: 76th District Court Clerk's Record: County: Titus Trial Court Clerk: c>:g District D County Trial Court Docket Number (Cause No.): 36865 Was clerk's record requested? c>:g Yes D No
If yes, date requested: August 28,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Danny Were payment arrangements made with clerk? Middle Name: DYes c>:gNo Dlndigent Last Name: Woodson (Note: No request required under TRAP 34.S(a),(b)) Suffix: Address I: P.O. Box492 Address 2: City: Mount Pleasant State: Texas Zip+ 4: 75456 Telephone: (903) 577-6721 ext. Fax: (903) 577-6719 Email:
Reporter's or Recorder's Record:
Is there a reporter's record? c>:gYes D No Was reporter's record requested? c>:gYes D No
Was there a reporter's record electronically recorded? DYes c>:g No If yes, date requested: August 28, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? DYes D No Dlndigent
Page 3 of 7 ~ Court Reporter 0 Court Recorder 0 Official 0 Substitute
First Name: Cresta Middle Name: Last Name: Lefevre Suffix: Address I: P.O. Box 1617 Address 2: City: Mount Pleasant State: Texas Zip+ 4: 75456 Telephone: (903) 285-4035 ext. Fax: Email: cmflefevre@yahoo.com
X. Supersedeas Bond Supersedeas bond filed:0Yes ~ No Ifyes, date filed:
Will file: 0 Yes ~ No
XI. Extraordinary Relief
Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? 0 Yes ~No If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the lst, 2nd, 4th, 5th, 6th, 8th, 9th, lOth, lith, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? 0 Yes~ No
If no, please specity:Previously mediated Has the case been through an ADR procedure? ~Yes 0 No If yes, who was the mediator? Dan Marley What type of ADR procedure? Mediation At what stage did the case go through ADR? ~Pre-Trial 0 Post-Trial 0 Other If other, please specifY: Type of case? Professional Malpractice 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): Propriety of summary judgment; existence of fact issue
How was the case disposed of? Summary Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded. Take-nothing lfmoney judgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 4 of 7 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specifY:
Will you challenge this Court's jurisdiction? DYes IZJ No Does judgment have language that one or more parties "take nothing"? IZJ Yes D No Does judgment have a Mother Hubbard clause? DYes IZJ No Other basis for finality? Disposal of all claims and parties; statement judgment disposes of entire case Rate the complexity of the case (use 1 for least and 5 for most complex): D I D 2 IZJ 3 D 4 D 5 Please make my answer to the preceding questions known to other parties in this case. IZJ Yes D No Can the parties agree on an appellate mediator? DYes IZJ 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:
XIII. 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 5 of 7 XIV. PrQ Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts 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. !fa 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 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 l2'J 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? DYes l2'J No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the infonnation used solely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed an affidavit oflndigency 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? DYes l2'J No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at hllp> .!Jh._,_~o' po,...:rty-IJ(II""lO\\.Tt) ..-.. hlilll.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? DYes l2'J No If yes, please attach an Affidavit of lndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http: \\ '' '' .tc,~app.llrg. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sough~ 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).
XV. Signature
CV------ Signature of counsel (or prose party) Date: August 31,2015
Printed Name: Charles 11 Chad11 Baruch State Bar No.: 01864300
Electronic Signature: is/Chad Baruch (Optional)
Page 6 of? .
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 August 31,2015
CVt- Signature of counsel (or prose party) Electronic Signature: is/Chad Baruch (Oplional)
State Bar No.: 01864300 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: (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 that attorney
Please enter the following for each person served:
Date Served: August 31,2015 Manner Served: Email
First Name: Russell
Middle Name: W.
Last Name: Schell Suffix: Law Firm Name: Schell Cooley, LLP
Address I: 15455 Dallas Parkway, Suite 550 Address 2:
City: Addison State Texas Zip+4: 75001
Telephone: (214) 665-2000 ext.
Fax: (214) 754-0060 Email: rschell@schellcooley.com
If Attorney. Representing Party's Name: Appellee Janie Mullens
Page 7 of7