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### Appellate Docket Number: Appellate Case Style: Vs. Companion Case(s): Amended/Corrected Statement 

## DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the cour t of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additional parties / 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, if any, and State Bar Number of the party’s lead counsel. If the 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 Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### II. Appellant Attorney(s) Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 05-19-00498-CV BENNY WREN, JR. ANNETTE FOBBS 

### N/A

5th Court of Appeals

BENNY WREN, JR.

Retained Attorney GLENN D. TUCKER, SR.

20269560 LAW OFFICES OF GLENN D. TUCKER, SR. 8330 LBJ FREEWAY SUITE 360 DALLAS, TEXAS 75243 (214) 358-6550 (214) 358-6458 lawofficesofgdt@gmail.com Retained Attorney STEVEN L. EASON

06360990

8330 LBJ FREEWAY SUITE 360 DALLAS, TEXAS 75243 (214) 358-6550 (214) 658-6458 season.lawofficesofgdt@gmail.com Select

Select

Select ACCEPTED 05-19-00498-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 5/3/2019 9:54 AM LISA MATZ CLERKPage 2 of 11 

### III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### IV. Appellee Attorney(s) Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext

. Fax: E mail:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: ANNETTE FOBBS Select

Retained Attorney RANDALL C. GRASSO

08306100 CHAVEZ LEGAL GROUP 11900 N. 26TH STREET SUITE 200 EDINBURG, TEXAS 78539 (972) 419-3800 (972) 239-5046 grasso@chavezlegalgroup.com Select

Select SelectPage 3 of 11 

### V. Perfection of Appeal, J udgm ent and Sentencing Nature of Case (Subject matter or type of case): Date Order or Judgment signed: Type of Judgment: Date Notice of Appeal filed in Trial Court: If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:

Yes No Parental Terminatio n or Child Protection? (S ee TR AP 28.4): Permissiv e? (See TRAP 28.3): Yes X No If yes, please specify statutory or other basis for such status :

Agreed? (See TRAP 28.2): 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 If yes, please specify statutory or other basis for such status :

Does this case involve a n amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity o f a statute, rule, or ordinance? Yes No 

### VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify: Personal Injury Summary Judgment 04/02/2019Page 4 of 11 

### VII. Indigency of Party (Attach f ile stamped copy of Statement a nd copy of the tri al court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Stat ement filed in the trial court ? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court cos ts? Yes No Hearing Date: Did trial court sign an order unde r Texas Rule of Civil Procedur e 145? Yes No Date of Order: If yes, trial court finding: Challenge Sustained Overrule d
VIII. Bankruptcy Has any party to the court’s j udgment filed for protection in ban kruptcy 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: County: Trial Court Docket No. (Cause No.): Trial Court Judge (who trie d or disposed of the case): Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### Clerk’s Record Trial Court Clerk: District County Was Clerk’s record requested? Yes No If yes, date requested: If no, date it will be requested: Were payment arrangements made with clerk? Yes No Indigent (Note: No request requi red under TRAP 34.5(a),(b).) 134th Judicial District Court

Dallas
DC-19-01524

Hon. Dale Tillery 600 Commerce St. 6th Floor West (Old) Dallas, Texas 75202
fly@dallascourts.org 

### ✔ ✔

05/03/2019
✔

(214) 653-6995Page 5 of 11 

### IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: If no, date it will be requested: Was the Reporter’s Record el ectronically recorded? Yes No Were payment arrangements made with the court re porter/court re corder? Yes No Indigent
Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email: Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No
XI. Extraordinary Relief Will you request extraordinary r elief (e.g., temporary or ancil lary relief) from this Court? Yes No If yes, briefly state the basis for your request: Tina Thom p son 600 Commerce Street 6th Floor West ( Old ) Dallas , Texas 75202 ( 214 ) 653-7239Page 6 of 11 

### XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1 st 

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### Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Give a brief description of the issue to be raised on appeal, t he relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

How was the case disposed of? Summary of relief granted, incl uding 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 noth ing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: Personal Injury



### The case involves a motor vehicle accident. The defendant file d a motion for summary judgment stating the limitations had run. Plaintiff's position is that the stat ute was tolled because Defendant through her own affidavit stated she was outside the State of Texas more th an the days the limitation had run. Summary JudgmentPage 7 of 11 

### XII. Alternative Dispute Reso lution/Mediation - Continued (Complete section if filing in the 1 st 

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### Court of Appeals.) Rate the complexity of the cas e (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the p receding questions known to other parties in this case? Yes No Can the parties agree on an a ppellate mediator? Yes No If yes, please give the name, a ddress, telephone, fax, and emai l address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English i n which the mediator should be pr oficient:
Name of the person filling out m ediation section of docketing s tatement:

XIII. Related Matters List any pending or past related appeals before this, or any ot her Texas Appellate Court, by Court, Docket, and Style. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Steven L. Eason

Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate CourtPage 8 of 11 

### XIV. Pro Bono Program: (Complete section if filing in the 1 st 

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### Court of Appeals.) The Courts of Appeals listed above, in conjunction with the Sta te 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 Cour t. 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 fi nancial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate co unsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More inform ation 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 recei ve a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Stateme nt. Note: there is no guarantee that if you submit your case for po ssible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can b e found to represent you. Accordingly, you should not forego seeking other counsel to represent you in th is proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and inf ormation 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? Yes No Do you authorize the Pro Bono Committee to contact your trial c ounsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conver sations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the cas e 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? Yes 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? Yes No If yes, please attach a Statement of Inability to Pay Court Cost s completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the inter net 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 issue s or request additional relief; use a separate attachment, if necessary).Page 9 of 11 

### XV. Signature

Signature of counsel (or Pro Se Party) Date

Printed Name State Bar No.
Electronic Signature (Optional) Name



### XVI. 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:

Signature of counsel (or Pro Se Party) Electronic Signature (Opt ional)

State Bar No. Certificate of Service Requiremen ts (TRAP 9.5(e)): A certificat e 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. 

### 05/03/2019

Steven L. Eason 06360990

/s/ Steven L. Eason

/s/ Steven L. Eason

06360990Page 10 of 11 

### Please enter the following for each person served: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: 05/03/2019 eServe Select Randall C. Grasso

08306100 CHAVEZ LEGAL GROUP 11900 N. 26th St. Suite 200 Edinburg, Texas 78539 (972) 419-3800 (972) 239-5046 grasso@chavezlegalgroup.com Defendant Annette Fobbs

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### Please enter the following for e ach person served that is not a n attorney for a party: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Select Select

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