Appellate Docket Number:

Appellate Case Style:

Vs.

Companion Case No.:

Amended/corrected statement: DOCKETING STATEMENT (Civil)

(to be filed in the court ofappeals upon perfection ofappeal under TRAP 32)

Appellate Court:

Zip+4:

ext. 'æ3

X Lead Attorney

Telephone

Law Firm Name:

Suffix: W

First Name:

Middle Name:

Last Name:

Fax:

Email

SBN:

City:

State:

Address I

Address 2

fi Person I Organization (choose one)

Suffix: W

Pro Se: O

First Name:

Middle Name

Last Name:

fi Person I Organization (choose one)

Middle N¿rng; i,-,1:::.''.':11:-.,.:;.1;;,,'.'': ':':,;1:'1,:'t;,-,11:l;;t,,..,.,;.t,,ti;;;.;t;1.:,.112:,'..-;',

Last Name: Ingels

Suffix: :.':' ;. 

. .

Pro Se: C

First Name:

n Lead Attomey

FirstName: 7¡Q:..1.';;. 1:;.*:-',.: .:'':: ,'

Middle Name: B.

Last Name: Lyon

Suffix:Jr., .'.

Law Firm Nanre:Ted B. Lyon & Associates, P.C.

Address l: 18601 LBJ Freeway, Suite 525

Address 2:

Page 'l of I

ACCEPTED

05-15-01512-cv

FIFTH COURT OF APPEALS

DALLAS, TEXAS

12/21/2015 5:35:38 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/21/2015 5:35:38 PM LISA MATZ Clerk
,r': t -ìì i (: .

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!l

Zip+4:

Telephone: ext.

Fax:

Email:

SBN:

City:

State:

'.; -¡, r.::1. i

t.

Suffix: I

X Lead Attomey

zip+4i n

""t.I

Law Firm Name:

Telephone:

First Name:

Middle Name:

Last Name:

City:

State:

Address 1:

Address 2:

Fax:

Email:

SBN:

ffi Person ffOrganization (choose one)

First Name:

Middle Name

Last Name:

Suffix: f

Pro Se: O

Page 2 of B
Nature of Case (Subject matter or type of case):

Date order or judgment signed: Type ofjudgment:

Date notice of appeal filed in trial court:

If mailed to the trial court clerk, also give the date mailed:

Interlocutory appeal ofappealable order: I Ves ffi No

Ifyes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): I Yes ffi No

or other basis on which is accelerated:

Termination or Child Protection? (See TRAP 28.4): [Ves ElNo

Permissive? (See TRAP 28.3): flves fi No

Agreed? (See TRAP 28.2):

or other basis for such status

IYes ffiNo

fy statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: I Ves I No

Ifyes, please or other basis for such status:

Does this case involve an amount under $100,000? [ Ves ffiNo

Judgment or order disposes of all parties and issues: ffi Ves f]No

Appeal from finaljudgment: [l Yes f]No

Does the appeal involve the constitutionality or the validity ofa statute, rule, or ordinance? I Yes [No

Motion for New Trial:

Motion to Modify Judgment:

Request for Findings ofFact

and Conclusions of Law:

Motion to Reinstate:

Motion under TRCP 306a:

Other:

If yes, date frl"atffi.þ.îli

rryes,dater't"¿,Vj:if¿ziirií1ry:í.:ii:í:i

If,yes, date frled: i-'¡ '. ' ' -' '

lfyes, date filed: . 

' :

I f yes, date frled:':;.':' :.'' : ., a 

:',''', t 

:i'r' :':t.:::,t'.,:...::.

ffves

fYes

I Yes

[Yes

I Yes

[]No

XNo

XNo

XNo

XNo

flves fi No

Affìdavit filed in trial court:

Contest fìled in trial coutl:

Date ruling on contest due:

Ruling on contest: f Sustained I Oven'uled Date of ruling

ìfyes, date fìled:

If yes, date filed:

f,Yes X No

[Yes I No

Page 3 of 8
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? f Ves I No

Ifyes, please attach a copy ofthe petition.

Date bankruptcy Bankruptcy Case Number: filed: W

Coufi:

County:

Trial Court Docket Number (Cause No.):

Irial Judge (who tried or disposed of case):

First Name:

Middle Name:

Last Name:

Clerk's Record:

Trial Court Clerk: n District fi County

Was clerk's record requested? fi Ves n No

Ifyes, date requested:

If no, date it will be requested:

Were payment affangements made with clerk?

ffives [No fllndigent

(Note: No reqüest required under TRAP 34'5(a)'(b))

Suffix: "{ffi

Address I

Address 2

City:

State: Zip+4

relephone: {,.43.Í,ï;"ffi "*r. YA:ffi},

F ax : i,.:i,ï:t/;7íf"1.Éffi:á.€,

Email

Repofter's or Recorder's Record:

Is there a repofier's rrcord? ff Yes f No

Was reporter's record requested? fi Yes f No

Was there a repofter's record electronically recorded? f Yes fi No

ll'yes. date requested: December 9,2015

If no, date it will be requested:

Were paynrent arrangements made with the courl reporter/court recotder? 6V.r f No Ilndigent

Page 4 of 8
Zip+4:W

Telephone

I Court Recorder

E Substitute

fi Court Reporter

ü ornciat

First Name:

Middle Name:

Last Name:

Suffix: W

ext. æ

Address l:

Address 2:

City:

State

Fax:

Email:

Supersedeas bond filed:flYes ffi No If yes, date filed:

Will file: I Yes ffi No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [ Ves ffi No

Ifyes, briefly state the basis for your request:

At what stage did the case go through ADR? fi Pre-Trial I Post-Trial f, Other

ll' other. please specily:

Type ofcase? Personal Injury

Give a brief description of the issue to bê mised on appeal, the relief sought, and the applicable standard lbr review, if known (without

pre.judice to the right to raise additional issues or request additional relief):

Sufüciency of the evidence to support Jury findings of zêro.damages where liabilþ was stipulated. Jury findings were against the great weight and::.r-::,':

preponderance ofthe evidence and manifestly unjust

How was the case disposed of? Trial

Summary of relief granted, including arnount of money.judgment, and if any, damages awarded. Trial Court rendered judgement ordering

that Plaintiff take nothing.

If money .judgrnent. what was the amount? Actual damages: $0.00

Punitive (or similar') damages: $0.00

If no, please

Should this appeal be referred to mediation? [ Ves fi No

If yes, who was the rnediator?

What type of ADR procedure?

Has the case been through an ADR procedure? ffiYes il No

Page 5 of 8
Attorney's fees (trial):

Attorney's fees (appellate):

Other:

If other, please specify:

Will you challenge this Couft's jurisdiction? [ Ves fi No

Does judgment have language that one or more pafties "take nothing"? fi Ves I No

Does judgment have a Mother Hubbard clause? [Yes I No

Other basis for finality?

Ratethecomplexityofthecase(uselforleastand5formostcomplex): Xl n2 n3 [4 n5

Please make my answer to the preceding questions known to other pafties in this case. fi Ves I No

Can the parties agree on an appellate mediator? [ Yes ffi No

Ifyes, please give name, address, telephone, fax and email address:

Name Address Telephone W

Fax Email

Languages other than English in which the mediator should be profìcient:

Name of person filing out mediation section of docketing statement:

List any pending or past related appeals before this or any other Texas appellate court by coutt, docket number, and style.

Docket Number: Trial Court:

Style:

Vs.

Page 6 of B
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and

Associations, are conducting a plogram to place a limited number of civil appeals with appellate counsel who will represent

local Bar

the appellant in

the appeal bef'ore this Court.

The pro Bono Committee is solely responsible for screening and selecting the civil cases f'or inclusion in the Program based upon a number of

discretionary criter.ia, 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 ovel'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

*w*.te*-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 fbr 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 ofvolunteer appellate

attorneys.

Do you want this case to be considered for inclusion in the Plo Bono Program? f] Yes fl 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

regãrding the appeal? [ ves fi No

please note that any such conversations would be maintained as conlìdential by the Plo Bono Committee and the information used solely f'or

the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed an affìdavit of lndigency and attached a file-stamped copy of that affidavit, does your income exceed 200o/o of

th; U.S. Department of Flealth and FIuman Services Federal Poverty Guidelines? [ Ves I No

These guidelines can be f'ound in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gor,/povert,v/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? [ Yes ffi No

If yes, please attach an AfIìdavit of Indigency cornpleted and executed by the appellant or appellee. Sample forms may be found in the Clerk's

Office or on the inter.net at .!,1_tlp1,^vlòr!-.lax-app.-erg. Your participation in the Pro Bono Program may be conditioned upon youl'execution of

an aflìdavit under oath as to your financial circumstances.

Give a brief descr.iption of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without

preju<lice to the r.ight to laise additional issues or l'equest additional reliefl use a sepat'ate attachment, if necessary).

XV. Signature

December 21,2015 of counsel (or pro se party)

Printed Name: Richard Mann

f)ate:

State lJal No.: 24079640

Irlectlonic Signaturc: /s/ Richar'<i Mann

(Optional)

Page 7 B
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial

Certifìcate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must

state:

(l) the date and manner ofservice;

(2) the name and address of each person served, and

(3) ifthe person served is a party's attorney, the name ofthe party represented by that attorney

Please enter the following for each person served:

couft's order orjudgment as follows on

Signature of counsel (or pro se party) Electronic Signature:

Person Served

(Optional)

State BarNo.:

rerephone: Wif:{ffiffi ext. 7.F;#

Fax: a4l:zf,{:f(l!¡1,,W:;:i4

Emair: ¿íe¿*í@:,tudátit$. f, /':1*,

Il Attorney, Representing Party's Name: Diane Earnest

Suffix: ffi

State

Date Served:

Manner Served:

First Name:

Middle Name:

Last Name:

Law Firm Name

Address l:

Address 2:

City:

zip+ 4 : 7:Ø:9r€zf:Vii:,,?.ízr

Page B of B