ACCEPTED
15-25-00015-CV
FIFTEENTH COURT OF APPEALS Appellate Docket Number: 15-2S-00015-CV AUSTIN, TEXAS Appellate Case Style: Jamie Smith, in his official capacity as District Clerk of Jefferson County, 2/21/2025
Texas 11:14 AM
Vs. Megan Lavoie, in her official capacity as Administrative Director CHRISTOPHER A. PRINE Texas Office of Court Ad
Companion CLERK Cases): FILED IN Amended/Corrected Statement D 15th COURT OF APPEALS AUSTIN, TEXAS
DOCKETING STATEMENT (Civil) .
·Appellate Court: 15th Court of Appeals 1m 2/21/2025 11:14:39 AM CHRISTOPHER
(to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE Clerk
NOTE: Because space for addition£11 parties I attorneys is limited on this form, you can include the infonm~tion on a separate document. As per TRAP 32.1 and 9.4, please include party's name and the name, addr~s, email address, telephone number, fax number, if any, and State Bar Number ofthe party's lead counsel. Ifthe party is not represented by an attorney, that party's name, address, telephone number, fa-c number should be provided.
OPerson 1&1 Organization D Lead Attorney Select
Name: J<liilie Smith, in his official capacity as District Clerk of Naill~:
D ProSe BarNo. 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:
~--m District/County Attorney 1&1 Lead Attorney Email: DLead Attorney Select Name: Quentin D. Price Name: BarNo. 16303740 BarNo.
Firm/Agency: Jefferson County District Attorney's Office Firm/Agency: A-ddress 1: 1085 Pearl Street, 3rd Floor Address 1: Address 2:
Address 2:
City/State/Zip: Beaumont, Texas 77701 City/State/Zip: Tel. (409) 835-8550 Ext. Fax:
Tel. Ext. Fax:
Email: Quentin.Price@jeffersoncountytx.gov Email: 0 Lead Attorney District/.County Attorney D Lead Attorney Select Name: Kathleen M. Kennedy Name:
BarNo. ·00798314 BarNo.
Firm/Agency: Jefferson. County District Attorney's Office Firm/Agency: Address 1: 1085 Pearl Street 3rd Floor Address 1:
'
Address 2:
Address 2:
City/State/Zip: Beaumont, Texas 77701 City/State/Zip:
Tel. (409}835-8550 Ext. Fax:
Tel. Ext. Fax:
Email: Kathleen.Kennedy@jeffersoncountytx.gov Email:
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Select
Name: Megan Lavoie, in her official capacity as Administrative I Name:
0ProSe BarNo. If Pro Se Party, enter the foliowing ii-.Jormation: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax:
Email:
DLead Attorney Select
Name: William H. Farrell Name:
Bar No. 00796531 BarNo. Firm/Agency: Office of the Attorney General Firm/Agency: Address 1:P.O. Box 12548, Capitol Station, MC-019 Address 1: Address 2: Address 2:
City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel.(512) 936-2650 Ext. Fax: (512) 320-0667 Tel. Ext. Fax:
Email: biff.farrell@oag.texas.gov Email:
D Lead Attorney Select D Lead Attorney Select
Name: Name: BarNo. BarNo.
Firm/Agency: Firm/Agency:
Address 1: Address 1:
Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:
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Nature of Case (Subject matter or type of case): Govemmenal Immunity Date Order or Judgment signed: 11/01/2024 Type of Judgment: Dismissal Date Notice of Appeal filed in Trial Court: 02/04/2025 If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: DYes I&!No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): /
Accelerated Appeal (See TRAP 28): DYes I&JNo If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): DYes I&!No Permissive? (See TRAP 28.3): DYes I&!No . If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): DYes I&! No If yes, please specify statutory or other basis for such status:
Appeal-should receive precedence, preference, or priority under statute or rule? DYes· !&INo If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $1 00,000? DYes DNo Judgment or_ Order disposes of all parties and issues? I&!Yes DNo Appeal from final judgment? I&!Yes DNo Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? ·1&1 Yes DNo Ifyes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
Ifyes, is the Attorney General of Texas a party to the case? I&! Yes DNo
Motion for New Trial: 1&1 Yes DNa If yes, date filed: 11/22/2024 Motion to Modify Judgment: DYes I&JNo If yes, date filed: Request for Findings of Fact and Conclusions of Law: DYes I&! No If yes, date filed: Motion to Reinstate: DYes I&! No Ifyes,-date filed: Moti<m under TRCP 306a: DYes I&JNo If yes, date filed: Other: DYes I&! No If Other, please specify:
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Was Statement of Inability to Pay Court Costs filed in the trial court? DYes ~No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? DYes ~No If yes, date filed: Was there any hearing on appellant's ability to afford court costs? DYes ~No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? DYes~ No
Date of Ord~r:
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?
DYes ~No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
Court: 455th District Court Clerk's Record County: Travis D County Trial Court Clerk: i2l District Trial Court Docket No. (Cause No.): Was Clerk's record requested? i2l Yes DNo D-l.,GN-24-005976 If yes, date requested: 02/12/2025 Trial Court Judge (who tried or disposed of the case):
If no, date it will be requested:
Name: Catherine A. Mauzy Were payment arrangements-made with clerk?
Address 1: 1700 Guadalupe - i2l Yes D No D Indigent Address 2:
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Austin, Texas 78701 Tel. (512) 854-4023 Ext. Fax: (512) 854-2224 Email: 419 .submission@traviscountytx.gov
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Reporter's or Recorder's Record Is there a Reporter's Record? 1&1 Yes D No Was Reporter's Record requested? I&IYes DNo If yes, date requested: 02/12/2025 If no, date it will be requested:
Was the Reporter's Record electronically recorded? DYes 1&1 No Were payment arrangements made with the court reporter/court recorder? I&IYes DNo D Indigent
1&1 Court -Reporter D Court Recorder D Court Reporter D Court Recorder 1&1 Official D Substitute D Official D Substitute Name: Rachelle Primeaux Name: Address 1: 1700 Guadalupe, 11th Floor Address 1: Address 2: Address-2: City/State/Zip: Austin, Texas 78701 City/State/Zip: TeL Ext. Fax: TeL Ext. Fax: Email: Rachelle.Primeaux@traviscountytx. gov Email:
·supersedeas bond filed? DYes I&INo If yes, date filed: If no, will file? DYes I&INo
Will you request extraordinary relief (e.g., temporary or ancillary relief} from this Court? DYes 1&1 No If yes, briefly state the basis for your request:
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If yes, who was the mediat9r? What type of ADR procedure?>
Type of Case?
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicablt;l standard for revievv, if known · to the · ·
Summary of relief granted, including"amount .9f money judgment, and if any,-da~ages aW_arded.
If money judgment, wh~t was the amoimt? Punitive (or similar) uaJ.Hal""'" Attorney's.fees (trial):
Other:-
If other, please specify:
Will you challenge this Cour:t' s jurisdiction? DYes :D No Does judgment have language that one .or more parties "take nothing"? DYes ONo Does judgment have a Mother DYes.· Other basis for finality:
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Rate the complexity of the case (use~ for least and 5 for most complex): 1!11 [!121!13 lil4 1!!15 Please make my answer to the preceding questions known to other parties in this case?·[!! Yes Iii No Can the parties agree on an appellate mediator? Iii Yes Iii No If yes, please give the name, address, 'telephone, fax, and email address: Name:
Court: Select Appellate Court Docket: Style:
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The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee a.nd local Bar·Associations, are conducting a program to place a limited numb~r of civil appeals with appellate· counsel who will represent the appellant in the appeal before this. Court. · · . . · · The Pro Bono Committ~e is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon. a number of discretionary criteria, includi11g 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 regardi;ng this program can be found in the ·Pro Bono Program Pamphlet available in paper form at the Clerk's Office. or on·theJntemet at http://.www.tex-app.org. If your case is selected and matched with a volunteer lawjer; you will receive a letterfrom.cthe Pro Bono Comrilittee'within thirty (30) to forty-five (45) days after submitting this Docketil).g Statement. Note: there is no guarantee that if you subniit your case for possible inclusion in the ·Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel ca;n be found to ·represe,nt you. Acqordingly, you sholJld. not forego seeking other counsel to represent YOlJ. in this pr9ceeding. By signing yo~ name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about yolir case, including. parties and background, through selected Internet sites and).,istserv tojts pool of :volunteer· appellate attorneys. Do. you want this case to be considered for inclusion in. the Pro B_ono Program? ~ Y c;:s I!)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 regardingthe appeal? .li!!) Yes· §]No · · Please note that. any ·such conversations would .be maintained. as confidential by the Pro Bono Corrunittee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono ~rogram. · . If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statemef!.t, does your income exceed 200% of the U.S. Department of Health and Human Se:rvices Federal Poverty Guidelines? 1:!1 Yes I!J No · · · These .gujdelines can be found in the Pro .Bop.o Program .Pamphlet · as well as on the internet · at http://aspe.hhs.gov/poverty!O?poverty.shtml. · · Are you willing to disclose your financial circumstances tbthe Pro Bon() Committee? 1iJ Yes f!J.No If yes, ple~se attach a Statement of-Inability to Pay Court Costs complt(ted and executed by the appellant or appellee. Sample forms may be found in the Clerk~s Office or on the inte.r;netat http://www.tex-app.org. Your participat~OIJ. in .the Pro Bono Program may be conditioned upon yoitr execution ·of a. State1,11entJ,irider oath as to your fmancial ~ circumstanc.es. · . · - ··
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 rightto raise additional issues oHequest additionaL relief; use a separate attach~ent;if neces~ary). · · · ·
. r.
Page 8 ofll
XV. Fifteenth Court of Appeals Jurisdiction Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information. Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defmed by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arisi ng out of that officer ' s or employee's official conduct? 181Yes D No If the answer is yes, does this appeal invol ve:
D a proceeding brought under the Family Code and any related motion or proceeding; D a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure; D a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction;
D a proceeding relating to a mental health commitment; D a proceeding relating to civil asset forfeiture; D a condemnation proceeding for the acquis ition of land or a proceeding related to eminent domain; D a proceeding brought under Chapter I 0 I , Civil Practice and Remedies Code; D a claim of personal injury or wrongful death; D a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; D a proceeding brought under Chapter 55, Code of Criminal Procedure; D a proceeding under Chapter 22A, Government Code; D a proceeding brought under Subchapter E-1 , Chapter 411, Government Code; D a proceeding brought under Chapter 2 1, Labor Code; D a removal action under Chapter 87, Local Government Code; D a proceeding brought under Chapter 841, Health and Safety Code;
XVI. Signat9.re
t:-
?//;/1-- Signature ol counsel (or ProSe Party) Date ~ - d-1- d.- c;;-
Quentin D. Price 16303740 Printed Name State Bar No. /s/ Quentin D. Price Quentin D. Price Electronic Signature (Optional) Na me
XVII. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties t the Trial Court's Order or Judgment as follows on:
/s/ Quentin D . Price Electronic Signature (Optional)
16303740 State Bar No.
Certificate of Service Requirements (T RAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state:
Page 9 of ll
Date Served: 02/2112025 Date Served: Manner Served: eServe Manner Served: Select Name: William H. Farrell Name: Bar No. 00496531 BarNo. Finn!Agency: Office ofthe Attorney General Finn/Agency: Address 1: P.O. Box 12548, Capitol Station, MC-019 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel. (512) 936-2650 Ext. Fax: (512) 320-0667 Tel. Ext. Fax: Email: biff.farrell@oag.texas.gov Email: Party: Megan Lavoie, in. her official capacity as Administrative D Party:
Date Served: 02/21/2025 Date Served: Manner Served: eServe Manner Served: Select Name: MattDow Name: Bar No. 06066500 BarNo. Finn!Agency: Jackson Walker LLP Finn/Agency: Address 1: 100 Congress Avenue, Suite 1100 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 236-2000 Ext. Fax: (512) 236-2002 Tel. Ext. Fax: Email: mdow@jw.com Email: Party: Courthouse News Service Party:
Date Served: 02/21/2025 Manner Served: eServe "\ Name: John K. Edwards Bar No. 24002040 Finn/Agency: Jackson Walker LLP Address 1: 1401 McKinney, Suite 1900 Address 2: City/State/Zip: Houston, Texas 77010 Tel. {713) 752-4200 Ext. Fax: (713) 752-4221 Email: jedwards@jw.com Party: Courthouse News Service
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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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Appellee/Interested Party:
Courthouse News Service
Appellee/Interested Party Attorney(s):
Lead Attorney- Matt Dow Bar No. 06066500 Jackson Walker, LLP 100 Congress Avenue, Suite 1100 Austin, Texas 78701 Telephone: (512) 236-2000 Facsimile: (512) 236-2002 Email: mdow@jw.com
John K. Edwards Bar No. 24002040 Jackson Walker, LLP 1401 McKinney, Suite 1900 Houston, Texas 77010 Telephone: (713) 752-4200 Facsimile: (713) 752-4221 Email: jedwards@jw.com
Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Sandra Mott on behalf of Quentin Price Bar No. 16303740 sandra.mott@jeffersoncountytx.gov Envelope ID: 97646417 Filing Code Description: Docketing Statement Filing Description: Docketing Statement Status as of 2/21/2025 11:51 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Quentin D.Price Quentin.Price@jeffersoncountytx.gov 2/21/2025 11:14:39 AM SENT
Sandra Mott Sandra.Mott@jeffersoncountytx.gov 2/21/2025 11:14:39 AM SENT
William Farrell biff.farrell@oag.texas.gov 2/21/2025 11:14:39 AM SENT
Matthew Dow mdow@jw.com 2/21/2025 11:14:39 AM SENT
Nicole Myette nicole.myette@oag.texas.gov 2/21/2025 11:14:39 AM SENT
John Edwards jedwards@jw.com 2/21/2025 11:14:39 AM SENT