Tara Goode v. Jerry Embry

• Court: Court of Appeals of Texas
• Decided: August 12, 2015
• Docket: 02-15-00260-CV
• Status: Published

Opinion

Filed: 8/11/2015 4:16:59 PM Sharena Gilliland District Clerk Parker County, Texas Mary Rogers

NO. CV13-0164 FILED IN TARA GOODE § IN THE DISTRICT 2nd COURT COURT OF APPEALS Plaintiff, § FORT WORTH, TEXAS § 8/12/2015 4:51:29 PM V. § 415TH JUDICIAL DISTRICT DEBRA SPISAK § Clerk JERRY EMBRY § Defendant. § OF PARKER COUNTY, TEXAS

NOTICE OF APPEAL

Plaintiff, Tara Goode, party to this case, files this Notice of Appeal seeking to alter the

trial court's judgment or other appealable order.

The trial court, trial court case number and style of this matter are shown in the above

caption.

The judgment or order appealed from was signed on July 14, 2014.

Tara Goode desires to appeal the trial Court's granting of "Jerry Embry's No Evidence

Motion for Summary Judgment" and "Defendant Jerry Embry's Motion for Summary

Judgment.".

This appeal is being taken to the Second Court of Appeals.

This notice is being filed by Tara Goode.

Respectfully submitted,

JARVIS LAW FIRM

By: /s/ Donnie Jarvis Donnie Jarvis Texas Bar No. 90002001 Email: don@jarvislawfirm.com 116 South Crockett St. Sherman, Texas 75090 Tel. (903) 891-8898

1 1 Fax. (903) 891-8895 Attorney for Plaintiff Tara Goode

CERTIFICATE OF SERVICE

I certify that on August 11, 2015 a true and correct copy of Plaintiff's Notice of Appeal was served by fax on Michael W. Minton at (817) 377-9201.

/s/ Donnie Jarvis Donnie Jarvis

2 2 98 oI94) CAUSE: CV13-o164 2p, 4 "’74 idol goggfllé‘ TARA GOODE § IN THE DISTRICI‘ CO / 0 '97 V

§ o‘4g ‘0' V. § 415m JUDICIAL DI cr 4; 54 ’ “or § " “at JERRY EMBRY, § DEANNA SMITH AND CADE SMITH § ,

On this day came on to be considered the traditional and no evidence motions for summary judgment filed by defendant Jerry Embry. The Court, having considered the

evidence, is of the opinion that said motions should be, and are hereby GRANTED.

IT IS, THEREFORE, ORDERED ADJ UDGED AND DECREED that Jerry

Embry’s no evidence and traditional motions for summary judgment are granted, and

judgment is hereby entered that plaintiff take nothing by her claims against him,

% defendant to have and recover his costs of court.

All relief not expressly granted herein is denied. This order disposes of all parties

and all issues, is final and appealable.

Signed this ( 2 day of , 2015.

J UDGE éRESIDING

ORDER ON DEFENDANT JERRY EMBRY’S MOTION FOR SUMMARY JUDGMENT Pageiofi

3 Filed: 8/12/2015 9:50:48 AM Sharena Gilliland District Clerk Parker County, Texas Jason Nowak

NO. CV13-0164

TARA GOODE § IN THE DISTRICT COURT Plaintiff, § § V. § 415TH JUDICIAL DISTRICT § JERRY EMBRY § Defendant. § OF PARKER COUNTY, TEXAS

PLAINTIFF'S MOTION FOR A NEW TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff, Tara Goode, Movant herein, in the interest of justice and

fairness, and brings this Motion for New Trial. In support hereof, Movant shows the following:

I.

A. The Court erred in granting Defendant’s Motions for Summary Judgment titled

“Jerry Embry’s No Evidence Motion for Summary Judgment” and “Defendant Jerry Embry’s

Motion for Summary Judgment.”

II.

A. Movant requests an evidentiary hearing on the allegations raised herein.

WHEREFORE, PREMISES CONSIDERED, Movant prays this Court will vacate the

judgment in this matter and will grant Movant a new trial for the grounds specified herein and in

the interest of fairness and justice, and for such other and further relief that may be awarded at

law or in equity.

1 4 Respectfully submitted,

By: /s/Donnie Jarvis Donnie Jarvis Texas Bar No. 90002001 Email: don@jarvislawfirm.com 116 South Crockett St. Sherman, Texas 75090 Tel. (903) 891-8898 Fax. (903) 891-8895 Attorney for Plaintiff Tara Goode

I certify that on August 11, 2015 a true and correct copy of Plaintiff's Motion for New Trial was served by fax on Michael W. Minton at (817) 377-9201.

ORDER SETTING HEARING

The above and foregoing Plaintiff's Motion for New Trial having been presented and duly

considered, the Court is of the opinion that a hearing on same is necessary.

IT IS THEREFORE ORDERED that said Motion is set for hearing on ___________ at

_______, in the 415TH Judicial District Court of Parker County, Texas.

SIGNED on , 2015.

JUDGE PRESIDING

2 5 Filed: 8/12/2015 9:58:34 AM Sharena Gilliland District Clerk Parker County, Texas Mary Rogers

TARA GOODE § IN THE DISTRICT COURT Plaintiff, § § V. § 415TH JUDICIAL DISTRICT § JERRY EMBRY § Defendant. § OF PARKER COUNTY, TEXAS

AMENDED NOTICE OF APPEAL

Plaintiff, Tara Goode, party to this case, files this Notice of Appeal seeking to alter the

The trial court, trial court case number and style of this matter are shown in the above

The judgment or order appealed from was signed on July 14, 2015.

Tara Goode desires to appeal the trial Court's granting of "Jerry Embry's No Evidence

Motion for Summary Judgment" and "Defendant Jerry Embry's Motion for Summary

By: /s/ Donnie Jarvis Donnie Jarvis Texas Bar No. 90002001 Email: don@jarvislawfirm.com 116 South Crockett St. Sherman, Texas 75090 Tel. (903) 891-8898

1 6 Fax. (903) 891-8895 Attorney for Plaintiff Tara Goode

I certify that on August 12, 2015 a true and correct copy of Plaintiff's Notice of Appeal was served by fax on Michael W. Minton at (817) 377-9201.

2 7