Page 1 of 10 Appellate Docket Number: 06-15-00009-CV Appellate Case Style: Dennis Rayner and Joe Tex Xpress, Inc. Vs. Krista Dillon Companion Case No.: 

### DOCKETING STATEMENT (Civil) (to be filed in the court of appeals upon perfection of appeal under TRAP 32) Amended/corrected statement: Appellate Court:6th Court of Appeals I. Appellant

Address 2: Address 1: 4040 Broadway, Suite 440 II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Rayner Middle Name: First Name: Dennis Law Firm Name:Houston Dunn, PLLC Suffix: III. Last Name: Houston Middle Name: V. First Name: Samuel Lead Attorney

City: San Antonio Zip+4: 78209 State: Texas Telephone: (210) 775-0882 ext. Fax: (210) 826-0075 Email: sam@hdappeals.com SBN: 24041135 Person Organization (choose one)

I. Appellant

Address 2: 13155 Noel Road, Suite 1000 Address 1: Three Galleria Tower II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Organization Name: Law Firm Name:Fee, Smith, Sharp & Vitullo, L.L.P. Suffix: Last Name: Reese Middle Name: P. First Name: Bryan Lead Attorney Person Organization (choose one) ACCEPTED 06-15-00009-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/11/2015 2:12:41 PM DEBBIE AUTREY

CLERKPage 2 of 10 City: Dallas Zip+4: 75240 State: Texas Telephone: (972) 934-9100 ext. Fax: (972) 934-9200 Email: b reese@feesmith.com SBN: 00789791 I. Appellant

Address 2: 13155 Noel Road, Suite 1000 Address 1: Three Galleria Tower II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Fee, Smith, Sharp & Vitullo, L.L.P. Suffix: Last Name: Lee Middle Name: M. First Name: Jennifer Lead Attorney

City: Dallas Zip+4: 75240 State: Texas Telephone: (972) 934-9100 ext. Fax: (972) 934-9200 Email: j lee@feesmith.com SBN: 24049084 Person Organization (choose one)

I. Appellant

Address 2: Address 1: 4040 Broadway, Suite 440 II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Organization Name: Joe Tex Xpress, Inc. Law Firm Name:Houston Dunn, PLLC Suffix: III. Last Name: Houston Middle Name: V. First Name: Samuel Lead Attorney

City: San Antonio, Texas Zip+4: 78209 State: Texas Telephone: (210) 775-0882 ext. Fax: (210) 826-0075 Email: sam@hdappeals.com SBN: 24041135 Person Organization (choose one)Page 3 of 10 I. Appellant

Address 2: 13155 Noel Road, Suite 1000 Address 1: Three Galleria Tower II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Fee, Smith, Sharp & Vitullo, L.L.P. Suffix: Last Name: Reese Middle Name: P. First Name: Bryan Lead Attorney

City: Dallas Zip+4: 75240 State: Texas Telephone: (972) 934-9100 ext. Fax: (972) 934-9200 Email: b reese@feesmith.com SBN: 00789791 Person Organization (choose one)

I. Appellant

Address 2: 13155 Noel Road, Suite 1000 Address 1: Three Galleria Tower II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Fee, Smith, Sharp & Vitullo, L.L.P. Suffix: Last Name: Lee Middle Name: M. First Name: Jennifer Lead Attorney

City: Dallas Zip+4: 75240 State: Texas Telephone: (972) 934-9100 ext. Fax: (972) 934-9200 Email: j lee@feesmith.com SBN: 24049084 Person Organization (choose one)

Lead Attorney First Name: Brent Middle Name: Last Name: Goudarzi Suffix: Person Organization (choose one)
Last Name: Dillon Middle Name: First Name: Krista III. Appellee IV. Appellee Attorney(s)Page 4 of 10 State: Texas Zip+4: 75644 ext. Telephone: (903) 843-2544 Fax: (903) 843-2026 Email: b rent@goudarzi-young.com SBN: 00798218 Law Firm Name: Goudarzi & Young, L.L.P. Address 1: P.O. Drawer 910 Address 2: City: Gilmer Pro Se: Suffix:Page 5 of 10 Yes No No Yes No Yes No Yes No

Yes No Yes Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Appeal from final judgment: Judgment or order disposes of all parties and issues: Yes No Yes No No Yes Does this case involve an amount under $100,000? Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: Yes No No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): Parental Termination or Child Protection? (See TRAP 28.4): If yes, please specify statutory or other basis on which appeal is accelerated: Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Interlocutory appeal of appealable order: If mailed to the trial court clerk, also give the date mailed: Date notice of appeal filed in trial court: February 3, 2015 Date order or judgment signed: N ovember 6, 2014 Nature of Case (Subject matter or type of case): Personal Injury Type of judgment: Jury Trial

If yes, please specify statutory or other basis for such status: No ■ Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: N ovember 25, 2014 Motion for New Trial: If yes, date filed: If yes, date filed: Request for Findings of Fact and Conclusions of Law: Motion to Reinstate: If yes, date filed: If yes, date filed: Motion under TRCP 306a: Other: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: Contest filed in trial court: Ruling on contest: If yes, date filed: Yes No No Yes If yes, date filed: Date ruling on contest due: Sustained Overruled Date of ruling:Page 6 of 10 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record Court: 62nd District Court

Suffix: Last Name: Biard Middle Name: First Name: Will Trial Judge (who tried or disposed of case): Trial Court Docket Number (Cause No.): CV40921 County: Hopkins County Clerk's Record:

Address 1: 119 North Main Street Address 2 : City: Paris
Email: Fax: (903) 737-2483 ext. Telephone: (903) 737-2434 Zip + 4: 75460 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes Indigent If no, date it will be requested: February 20, 2015 If yes, date requested: Trial Court Clerk: District County Was clerk's record requested? Yes No

Reporter's or Recorder's Record: If yes, date requested: If no, date it will be requested: February 20, 2015 Was there a reporter's record electronically recorded? Was reporter's record requested?

No Yes Indigent No Yes No Yes No Yes Is there a reporter's record?
Were payment arrangements made with the court reporter/court recorder?Page 7 of 10 Email: Fax: (903) 737-2483 Telephone: (903) 737-2433 ext. State: Texas Zip + 4: 75460 City: Paris Address 2: Address 1: 119 N. Main Street Suffix: Last Name: Upchurch Middle Name: First Name: Anna Substitute Official Court Recorder Court Reporter

X. Supersedeas Bond Supersedeas bond filed: Will file: If yes, date filed: Yes No Yes No Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? If yes, briefly state the basis for your request: Yes No XI. Extraordinary Relief

Should this appeal be referred to mediation? If no, please specify:The parties have voluntaril y a g reed to mediate the case on February 17, 2015. Has the case been through an ADR procedure? If yes, who was the mediator? Judge Joe D. Clayton What type of ADR procedure? Mediation At what stage did the case go through ADR? If other, please specify: Type of case? Personal In j ury Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if kno wn (without prejudice to the right to raise additional issues or request additional relief): Appellants will be challenging the jury's award of exemplary damages. How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. Money damages. Actual damages: $1,110,629.76 Punitive (or similar) damages: $1,879,259.52 If money judgment, what was the amount? Yes No Pre-Trial Post-Trial Other XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th , 12th, 13th, or 14th Court of Appeal) Yes NoPage 8 of 10 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Court's jurisdiction? Does judgment have a Mother Hubbard clause? Does judgment have language that one or more parties "take nothing"? Other basis for finality? 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): Please make my answer to the preceding questions known to other parties in this case. Can the parties agree on an appellate mediator?
Name of person filing out mediation section of docketing statement: Languages other than English in which the mediator should be proficient: Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes Yes No

XIII. Related Matters

Vs. Style: Docket Number: Trial Court: List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 9 of 10 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local B ar 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 upo n a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, an d can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. M ore 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 In ternet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Com mittee 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 fact s and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volu nteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committe e may have regarding the appeal? 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 an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? 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? If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be foundin 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 an affidavit 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 kno wn (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).
XV. Signature Signature of counsel (or pro se party) Date: February 11, 2015 Yes No Yes No Yes No Yes No

Electronic Signature: /s/ Samuel V. Houston, III (Optional) Printed Name: Samuel V. Houston, III State Bar No.: 24041135Page 10 of 10 XVI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties t o the trial court's order or judgment as follows on .
Person Served 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 that attorney February 11, 2015
State Bar No.: 24041135 Signature of counsel (or pro se party) Electronic Signature: /s/ Samuel V. Houston, III (Optional)

If Attorney, Representing Party's Name: Krista Dillon Email: b rent@goudarzi-young.com Zip+4: 75644 State Texas City: Gilmer Address 2: Address 1: P.O. Drawer 910 Law Firm Name: Goudarzi & Young, L.L.P. Suffix: Last Name: Goudarzi Middle Name: First Name: Brent Manner Served: eServed Date Served: February 11, 2015 Please enter the following for each person served:

Fax: (903) 843-2026 Telephone: (903) 843-2544 ext.