The State of Texas Ex Rel. Joshua LaFountain v. BLT Management Company, LLC N/K/A BLT Support Services, LLC

• Court: Court of Appeals of Texas
• Decided: May 14, 2025
• Docket: 15-25-00067-CV
• Status: Published

Opinion

ACCEPTED 15-25-00067-CV Appellate Docket Number: 15-25-00067-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: State of Texas ex. rel. Joshua LaF ountain AUSTIN, TEXAS Vs. BLT Management Company, LLC n/k/a BLT Support Services, LLC et.5/14/2025 al. 3:43 PM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement D FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 5/14/2025 3:43:49 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party's name and the name, address, email address, telephone number, fax number, ifaf!)l, and State Bar Number ofthe party's lead counsel. Ifthe party is not represented by an attorney, that party's name, address, telephone number, fax number should be provided

I. Appellant II. Appellant Attorney(s) - Continued 18]Person D Organization D Lead Attorney Select Name: Joshua Lafountain Name: D Pro Se Bar No. If Pro Se Party, enter the following information: FinniAgency: Address: 5522 Ellsworth Ave. Address 1: City/State/Zip: Dallas, TX. 75206 Address 2: Tel. Ext. Fax: City/State/Zip: Email: 1--- - -- - - - -- - - - -- - - - - - - - - - - - t Tel. Ext. Fax: t-1_1_. _A~,p~pe_ll_a_n_t _A_tt_o_r_n~ey~(s~)- ~ - - - - -- ----1 Email: 181 Lead Attorney Select ---- ---- ---- ---- ---- - 0 Lead Attorney Select Name: James R. Tucker Name: Bar No. 20272020 Bar No. Finn/Agency: Law Officesw of James R. Tucker, P.C. Finn/Agency: Address 1: 5522 Ellsworth Ave. Address 1: Address 2: Address 2: City/State/Zip: Dallas, TX 75206 City/State/Zip: Tel. (214) 505-0097 Ext. Fax: (214) 599-8874 Tel. Ext. Fax: Email: Email: D Lead Attorney Select D Lead Attorney Select Name: Name: Bar No. Bar No. Finn/Agency: Finn/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 11 III. Aooellee IV. Aooellee Attorney(s) - Continued □ Person 1810rganization D Lead Attorney Select Name: BLT Management Company, LLC et. al. Name: Jane M. Webre OProSe Bar No. 21050060 If Pro Se Party, enter the following information: Firm/Agency: Scott Douglass & Mcconnico LLP Address: 7901 Fish Pond Road 2cd Floor Address 1: 303 Colorado Street, Suite 2400 City/State/Zip: Waco, TX 76710 Address 2: Tel. Ext. Fax: City/State/Zip: Austin, TX 78701 Email: Tel. (512) 495-6300 Ext. Fax: (512) 495-6399 Email: IV. Appellee Attorney(s) 181 Lead Attorney Select □ Lead Attorney Select

Name: Craig Cherry Name: Chris Davis Bar No. 24012419 Bar No. 24050483 Firm/Agency: Cherry Johnson Siegmund James PLLC Firm/Agency: Gray Reed Address 1: 7901 Fish Pond Road 2cd Floor Address 1: 1601 Elm Street, Suite 4600

Address 2: Address 2: City/State/Zip: Waco, TX 76710 City/State/Zip: Dallas, TX 75201 Tel. (254) 732-2242 Ext. Fax: (866) 627-3509 Tel. (214) 954-4135 Ext. Fax: Email: ccherry@cjsjlaw.com Email: cdavis@grayreed.com

D Lead Attorney Select D Lead Attorney Select

Name: Christopher Ayers Name: Bar No. 24036167 Bar No.

Firm/Agency: Ayres Law Office, P.C. Firm/Agency: Address 1: 8140 Walnut Hill Lane, Suite 830 Address 1: Address 2: Address 2: City/State/Zip: Dallas, TX 75231 City/State/Zip: Tel. (972) 991-2222 Ext. Fax: (972) 386-0091 Tel. Ext. Fax: Email: csayres@ayreslawoffice.com Email:

Page 2 of 11 V. Perfection of Appeal, Jud2ment and Sentencin2 Nature of Case (Subject matter or type of case): Select Date Order or Judgment signed: 03/31/2025 Type of Judgment: Summary Judgment Date Notice of Appeal filed in Trial Court: 04/30/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: □ Yes l&!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 l&!No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): □ Yes 181No Permissive? (See TRAP 28.3): D Yes ONo If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): 0 Yes 181No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? 0 Yes l&!No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? □ Yes 181No Judgment or Order disposes of all parties and issues? □ Yes l&!No Appeal from final judgment? l&!Yes □ No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes 18]No If yes, you must also complete and file the Challenge to Constitutionality ofa State Statute form. If yes, is the Attorney General of Texas a party to the case? □ Yes ONo VI. Actions Extending Time to Perfect A~11eaC '" - . ,-- , - ,-

Motion for New Trial: □ Yes l&!No If yes, date filed: Motion to Modify Judgment: OYes 18]No If yes, date filed: Request for Findings of Fact and Conclusions of Law: □ Yes 18]No If yes, date filed: Motion to Reinstate: □ Yes 18]No If yes, date filed: Motion under TRCP 306a: □ Yes l&JNo If yes, date filed: Other: □ Yes l&JNo

If Other, please specify:

Page 3 of 11 VII. Indi~ency of Party (Attach file stamped coov of Statement and coov of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? □ Yes [8]No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? □ Yes [8]No If yes, date filed: Was there any hearing on appellant's ability to afford court costs? D Yes [8]No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? D Yes (8) No

Date of Order: If yes, trial court finding: D Challenge Sustained □ Overruled VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? D Yes [8]No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 126th Judicial District Clerk's Record County: Travis County D County Trial Court Clerk: '21 District Trial Court Docket No. (Cause No.): Was Clerk's record requested? '21 Yes □ No D-1 -GV-12-000277 If yes, date requested: 04/30/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Jessica Mangrum Were payment arrangements made with clerk? Address 1: 1700 Gudalupe 9th Floor '21 Yes D No D Indigent Address 2: (Note: No request required under TRAP 34.S(a),(b).) City/State/Zip: Austin, TX 78701 Tel. (512) 854-9306 Ext. Fax: (512) 854-2224 Email:

Page 4 of I I IX. Trial Court and Record - Continued Reporter's or Recorder's Record Is there a Reporter's Record? 181 Yes D No Was Reporter's Record requested? 181 Yes □ No If yes, date requested: 04/30/2025 If no, date it will be requested: Was the Reporter's Record electronically recorded? 181 Yes D No Were payment arrangements made with the court reporter/court recorder? 181 Yes □ No D Indigent

D Court Reporter D Court Recorder 0 Court Reporter 0 Court Recorder 181 Official D Substitute 181 Official 0 Substitute Name: Karin Palis Name: Janis Simon Address 1: 1700 Guadalupe 10th Floor Address 1: 1700 Guadalupe 9th Floor Address 2: Address 2: City/State/Zip: Austin, TX 78701 City/State/Zip: Austin, TX 78701 Tel. (512) 854-9331 Ext. Fax: Tel. (512) 854-9306 Ext. Fax: Email: karin.palis~traviscountytx.gov Email: janis.simon~traviscountytx.gov

X. Supersedeas Bond Supersedeas bond filed? 0 Yes 181 No If yes, date filed: Ifno, will file? 0 Yes □ No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? 0 Yes 181 No If yes, briefly state the basis for your request:

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation Com lete section if ftlin in theist, 2nd , 4th , 5th , 6th , 8th, 10th , 11 th , 13th , or 14th Court of A eals. Should this appeal be referred to mediation? D Yes ONo If no, please specify: Has this case been through an ADR procedure? DYes If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? D Pre-Trial D Post-Trial D Other If other, please specify: . Type of Case? ,Select 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 additicmal issues or request additional relief):

How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Court's jurisdiction? □ Yes □ No Does judgment have language that one or more parties "take nothing"? DYes D No Does judgment have a Mother Hubbard clause? □ Yes □ No Other basis for finality:

Page 6 of 11 XII. Alternative Dispute Resolution/Mediation - Continued Com letesection if filin in theist, 2nd, 4th , 5th , 6th , 8th , 10 th , 11 th , 13 th , or 14th Court of A eals. Rate the complexity of the case (use 1 for least and 5 for most complex): D 1 D 2 D 3 D 4 D 5 Please make my answer to the preceding questions known to other parties in this case? D Yes D No Can the parties agree on an appellate mediator? D Yes D No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling 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, and Style. Court: Select Appellate Court Docket: Style: Vs.

Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 11 XIV. Pro Bono Program: Com lete section if filin in the Pt, 2nd , 3rd , 5th , 7 th , 13th or 14th Court of A eals. 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. 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 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 http://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 □ 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? D Yes □ No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? D Yes D No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes □ No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

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 right to raise additional issues or request additional relief; use a separate attachment, if necessary).

Page 8 of 11 ~y. Fifteenth Court of ApP,eals 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 defined 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 arising out of that officer's or employee's official conduct? ig)Yes □ No If the answer is yes, does this appeal involve: 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 acquisition of land or a proceeding related to eminent domain; D a proceeding brought under Chapter 101, 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 21, Labor Code; D a removal action under Chapter 87, Local Government Code; □ a proceeding brought under Chapter 841, Health and Safety Code;

XVI. Signature 0511412025 Signature of counsel (or Pro Se Party) Date Isl James R. Tucker 20272020 Printed Name State Bar No. Isl James R. Tucker James R. Tucker Electronic Signature (Optional) Name

XVII. 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:

Isl James R. Tucker Signature of counsel (or Pro Se Party) Electronic Signature (Optional) 20272020 State Bar No.

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: (1) 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 the attorney.

Page 9 of 11 Please enter the followin~ for each person served: Date _Served: Date Served: Manner Served: eServe Manner Served: Select Name: Craig Cherry Name: Bar No. 24012419 Bar No. Firm/Agency: Cherry Johnson Siegmund James, PLLC Firm/Agency: Address 1: 7901 Fish Pond Road 2cd Floor Address 1: Address 2: Address 2: City/State/Zip: Waco, TX 76710 City/State/Zip: Tel. (254) 732-2242 Ext. Fax: (866) 627-3509 Tel. Ext. Fax: Email: ccherry@cjsjlaw.com Email: Party: Buckner Marketplace Dental, PA et. al. Party:

Date Served: Date Served: Manner Served: eServe Manner Served: Select Name: Christopher Ayres Name: Bar No. 24036167 Bar No. Firm/Agency: Ayres Law Office, P.C. Firm/Agency: Address 1: 8140 Walnut Hill Lane, Suite 830 Address 1: Address 2: Address 2: City/State/Zip: Dallas, TX 75231 City/State/Zip: Tel. (972) 991-2222 Ext. Fax: (972) 386-0091 Tel. Ext. Fax: Email: csayres@ayreslawoffice.com Email: Party: BLT Management Company, LLC et. al. Party:

Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:

Page 10 of 11 Please enter the followin2 for each person served that is not an attorney for a party: 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:

Page 11 of 11 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.

James Tucker on behalf of James Tucker Bar No. 20272020 rusty@rustytuckerlaw.com Envelope ID: 100840799 Filing Code Description: Docketing Statement Filing Description: LaFountain Bear Creek Docketing Statement Status as of 5/14/2025 3:48 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Craig Cherry ccherry@cjsjlaw.com 5/14/2025 3:43:49 PM SENT

Christopher Ayres csayres@ayreslawoffice.com 5/14/2025 3:43:49 PM I I SENT