### FIFTH DISTRICT COURT OF APPEAL 

## DOCKETING STATEMENT
FAILURE TO RETURN STATEMENT MAY RESULT IN SANCTIONS The Court requires the following information in orderto facilitate disposition ofthe case. This form is also available atwww.5dca.org APPELLANT/PETITIONER: Ifthis case involves an original writ, is an appeal ofa non-final orderor is a case involving child custody, this docketing statement must be completed and returned within five days. In all othercases, the appellant/petitioner mustfile the docketing statementwithin 10 daysfrom the date ofthe acknowledgment ofthe notice ofappeal. APPELLEE/RESPONDENT: Is not required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee's/respondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. 

## PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) !8JAPPELLANT/PETITIONER DAPPELLEE/RESPONDENT 1. STYLE OF CASE In re David J. Swearingen, Relator 

### DCA CASE NUMBER

05-15-01199-CV 

### LOWER COURT CASE NUMBER

429-00454-2014 

### 2a. COUNSEL FOR APPELLANT/PETITIONER (If party is not represented by counsel. partyshould so indicate and provide accurate mailing address and phone number). W. Todd Albin 00795214 Name Bar Number

_ AddressGranite Park III, 5601 Granite Parkway, Suite 400, Plano, Texas 75024 Attorney ForDavid J. Swearingen PhoneNumber214-423-5100 FaxNumber214-423-5111


### 2b. APPELLEE'S/RESPONDENT'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name_T_h_e_H_o_no_r_a_bl_e_J_ill_W_i_lIi_s Bar Number

_ Add Collin County Courthouse, 2100 Bloomdale Road, Suite 10014, McKinney, Texas 75071 ress,

_ Attorney For PhoneNumber972-547-5720



### 1 FaxNumber

_

rev. 0611 ACCEPTED

05-15-01199-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 10/19/2015 4:42:00 PM

LISA MATZ CLERK

### 3. PARTIES: List names of all persons or entities who are parties in this matter and their lawyers. Designate whether appellant, petitioner, appellee, respondent or lawyer, specifying the party represented. The Relatoris David J. Swearingen, represented byW. Todd Albin. Respondent is the Honorable Jill Willis ofthe 429th judicial District Court in Collin County, Texas. The real party in interest isWilliam J. Swearingen II, represented by Gene Hamm. 

### 4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the orderappealed. The Honorable Jill Willis was involved in this action and entered the orderthat is subjectto this appeal.


### 5. JURISDICTION: State the basis forthis court'sjurisdiction, including the following: (1) the appellate rule providing jurisdiction claimed,_T.:..ex.:...:..R.:.:..**.:..A.:....:pp~._P_._2.:..8._3_.** _ (2) the date offiling in the lowertribunal ofthe orderappealed October2, 2015 , 

### (3) ifthis is an appeal from a final order, the date of the return of verdict in a jury action N/A , the service date ofany motion tolling rendition ofthe final order under Fla. 

### R. App. P. 9.020(h) N/A and the date ofentry ofthe order deciding such motion N/A

. 

### (A certified copy of such motion shall be attached or for eDCA users such motion shall be filed through eDCA.) 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Becausethis isaPetition for Reviewofan InterlocutoryOrder, therearestill pending claims and counterclaims in the underlyingtrial court. 

### 7. SIMILAR ISSUES: List by this Court's style and case number any cases that are pending that involve an issue similarto the issue(s) in this case. A Notice of Related Cases should be filed in each related case. None.

If you become aware of any such case during the pendency of this appeal, you have a continuing dutyto inform the Court promptly. 

### Certificate ofService I certify that a copy hereof has been furnished by mail this 19th day mail/hand delivery of October

### ,20~, to: all parties orthe attorneyforsuch party in accordancewith Tex. R. App. P. 9.5 and 28.3(h)

Attorney/PartY (Signature) W. Todd Albin (Print Name) 

### 2 rev. 0611