Susan Ann Fisher v. Medical Center of Plano, Cynthia Carter, Ann W. Handley, R.N. and Ray J. Delgadillo, R.T.

Court of Appeals of Texas

Susan Ann Fisher v. Medical Center of Plano, Cynthia Carter, Ann W. Handley, R.N. and Ray J. Delgadillo, R.T.

DecidedFebruary 12, 2015

Docket05-14-01585-CV

StatusPublished

This text of Susan Ann Fisher v. Medical Center of Plano, Cynthia Carter, Ann W. Handley, R.N. and Ray J. Delgadillo, R.T. (Susan Ann Fisher v. Medical Center of Plano, Cynthia Carter, Ann W. Handley, R.N. and Ray J. Delgadillo, R.T.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Susan Ann Fisher v. Medical Center of Plano, Cynthia Carter, Ann W. Handley, R.N. and Ray J. Delgadillo, R.T., (Tex. Ct. App. 2015).

Pincite

Opinion

riL-RD IN Court of Appeals

FEB 1 2 2015 Lisa Matz CAUSE NO. 296-01024-Jef4 - J——

IN THE 5th DISTRICT COURT OF APPEALS r-J] CASE NO. 15-14-01585-CV 0i

SUSAN ANN FISHER, IN THE DISTRICT COURT OF Plaintiff v.

MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAN ATEF, MD., COLLIN COUNTY, TEXAS SALMAN WAHEED, MD, RAY J. DELGADILLO, RT, ANNE W. HANDLEY, RN, CYNTHIA CARTER, RN, AND MICHAEL ALLEN, RT., -TH Defendants, 2961M JUDICIAL DISTRICT

February 10, 2015

PLAINTIFF'S REQUEST FOR DOCUMENTS TO BE INCLUDED IN CLERK'S RECORD

TO: Sandra Hill, Deputy Clerk of the 296th Courtof Collin County, Texas

Andrea Stroh Thompson, District Clerk Collin County, Texas Collin County Courthouse 2100 Bloomdale Road McKinney, Texas 75071 972-548-4320, Metro 972-424-1460 ext. 4320 Fax no. 972-547-5732

FROM: Susan Ann Fisher Pro Se Plaintiff RE: Plaintiffs' request for documents to be included in the clerks' record for Susan Ann Fisher v. Medical Center ofPiano, et. al., cause number 296-01024-2014, inthe 296th Court of Collin County, Texas.

Plaintiff, Susan Ann Fisher, is appealing this case to the Fifth Court of Appeals. The trial court signed the final judgment in this case for Medical Center of Piano, Cynthia Carter, R.N., Anne W. Handley, R.N., and Ray J. Delgadillo, R.T., on //- /V V^ /-./ 7 Plaintiff filed a notice ofappeal on */-^- /?-/# and has until March 21, 2015, to pay the clerk's fees. See Exhibit A herein attached and referenced. *si /Z.-03-/Y Plaintiff requests that the following documents be included in the clerk'srecord, as required by Texas Rule of Appellate Procedure 34.5(a):

1. Plaintiffs petitions, dated: ^-I !-/<-/

2. Defendants' answers, dated: Lf -1 I-I^ 5" - H ~'4 ^^ 1' ^ ' ' ^i ?'^'il

3. The courts'judgments and orders, dated: 5'oQ ~'H \0~\H- N //-OU'N n-o-i~m] //-/a-/^ u-M-Hf \--lliri to-n-w, J 4. All post-trial motions, along with the courts' orders on the motions. (j-^T'l1/ 1 -ZOl-II 7-*?-/w, s-i3-iw( ru-N, 1-M-V, io-n, u-h 1/-W 5. Plaintiffs and Defendants'bills of exceptions, dated: — . ' / /

6. Plaintiffs' Notices of Appeal, dated: \ }~2\-I5~ JJ^#s 10-Z7-M. H-U'lH. H-l-14, Il-ID-W JI-ll-IH II-20-A . ^ ' 'V 7. Plaintiffs' request for preparation ofthe reporters' record, dated: 12 -3 /y \ I ii-2L-/i, l-21-ir, i^-i^-/V. //-

i- avr, n-io-Hl 11-^-/7 o-a?-/y /-?-/: 10. The courts' docket sheet. , /"0 ^"75" /-03 -/ 11. The certified bill of costs. / 12. All courts' charges and verdicts. u2>] j\pe Iy ^ !Ac '^ ^a£• ^ ^ S

13. All requests for findings of fact and conclusions oflaw. / 0 " <3 "?>"/7 ^'c-

14. The courts' findings of fact and conclusions oflaw. / £> - ;3 3-/7 %=d^rzt'^~

15. Defendants' motion for summary judgement, dated: "7-Q ^ ,/ £/ $ - | ^-/ y %-j$lflf 9-zU-tV, /o-2o-/rf //-OT-ty //-^/7;//-5-A/ U-i-rt^i-di 16. Plaintiffs' response to Defendants' motion for summary judgment, dated: / 0 ~fL( 'f% /o^2-ii •ib~#&dtfr H-oLt-H-1. //-07-/7 IhlZ-li n-\ 17. The following pretrial motions and the courts' orders on the motions: 'f AH W\tJtxon^ ^ ©lcleAs;

19. All exhibits andmaterials given to thejudge in hearings filed from the court recorder. TRAP 34.5(a)(13); (b)(l);(h).

20. All materials listed in the attached and hereby referenced Exhibit B. /Ill UM^to^Ws Jus-Uc-l Ju -r&*~- ^ihahJ includi\u 21. All materials related to this case filed or pending: ~^x LuiT ^f\ ^T

k yiL / { ^ \ {"11\f°* (

f 3f/V, ^/3-/:*4 j y^c^- Respectfully submitted,

SusanAnn Fisher \/ J P.O. Box 460461 Xv Garland, TX 75046 214-730-2578 susanfisher972@yahoo.com EXHIBIT

A Order entered January 29, 2015.

In The

Court of gppeate fiitl) ©itftrtct of Cexa* at ©alias! No. 05-14-01585-CV

SUSAN ANN FISHER, Appellant

V.

MEDICAL CENTER OF PLANO, CYNTHIA CARTER, ANN W. HANDLEY, R.N. AND RAY J. DELGADILLO, R.T., Appellees

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01024-2014

ORDER

Before the Court is appellant's January 21, 2015, motion to extendtime to file the clerk's

and reporter's records. Because the Court received notice regarding the motion for new trial, the

deadlines for filing the clerk's and reporter's records were reset and those records are currently

due on March 21, 2015. Accordingly, we DENY appellant's January 21, 2015, motion to extend

the deadlines for filing the clerk's and reporter's records as moot.

/s/ CRAIG STODDART JUSTICE 12/19/2014 SCANNED Page 1

SE CO to '«f» < 3 , it x a. UJ c» a =£UJ .

CAUSE NO. 296-01024-2014 m a.

ej»

Susan Ann Fisher, IN THE DISTRICT CO Plaintiff i ** § 8 >- *"* <« to

Medical Center of Piano, COLLIN COUNTY, TEXAS Alireza Zafarmand Atef, MD, Salman Waheed, MD, Ray J. Delgadillo, RT, Anne W. Handley, RN, CynthiaCarter, RN, & Michael alien, RT, Defendants 296™ JUDICIAL DISTRICT

December 18,2014

NOTICE OF APPEAL

The plaintiff, Susan Ann Fisher, desires to appeal to the 5* Court ofAppeals, the dismissal ofher case byorder signed on November 14 for Cynthia Carter, RNand the order signed on November 21,2014 for Medical Center ofPiano, Anne W. Handley, RN, RayJ. Delgadillo, RT, and Michael Allen, RT.

The plaintiffhas timely served this notice inthe form ofan amendment to the notice of appeal for two other defendants to the same cause, Alireza Zafarmand Atef, MD and Salman Waheed, MD. Though the amendment wss filed timely, the defendants representatives have wrongly contested this legal right to an appeal ofthis case to the honorable 3*court ofappeals. Therefore, the plaintifF asks for the discretion ofthe court in allowing this case to be kept on the docket and for the processing ofher appeal, whether by amendment or byaseparate trial. The plaintiffseeks only to be heard by due process oflaw and not to be kept from her legal liberties to approach the honorable court with her petition.

The plaintiffthanks the honorable court for their legal expertise in the concerns ofthis plaintiffwho seeks to obtain ajury ofher peers to make known the plight ofher parent who was given abreathing depressant when he had double pneumonia. Many have suffered such treatment and the plaintiffseeks to rectify this policy so that lives will be saved by the amending ofpolicies in healthcare to prohibit this lethal use ofmedicine for those who haverespiratory related diseases. The plaintiffasks for this appealto come before the honorable court and forour lives to be heldaccountable for by thosewhomay be instrumental in saving them.

Respectfully submitted,

Susan Ann Fisher Pro Se Plaintiff P.O. Box 460461 Garland, TX 75046 214-730-2578 Susanfishef972(givahoo.com

SAF CERTIFICATE OF SERVICE

Icertifythaton /W/«?/

Burford and Ryburn, LLP 500 N.Akard, Suite 100 Dallas, TX 75201 Robert Begert, Attorney for Alireza Z. Atef and Salman Waheed

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