Appellate Docket Number: 01-15-00617-CV 

Appellate Case Style: Bob Deuell 

Vs. 

Texas Right to Life Committee, Inc. 

Companion Case No.: 

Amended/corrected statement: DOCKETING ST A TEMENT (Civil) 

Appellate Court: l st Court of Appeals 

(to be filed in the court of appeals upon perfection of appeal under TRAP 32) 

I. Appellant II. Appellant Attorney(s) 

IZ! Person D Organization (choose one) D Lead Attorney 

First Name: George 

First Name: Bob Middle Name: E. 

Middle Name: Last Name: Hyde 

Last Name: Deuell Suffix: 

Suffix: Law Firm Name: Denton Navarro Rocha Bernal Hyde & Zech, 

Pro Se: 0 d ,.P.C. A dress I: L.:>UU w. w1111am l.-annon ur., :::iutte ou, 

Address 2: 

City: Austin 

State: Texas Zip+4: 78745-5320 

Telephone: (512) 279-6431 ext. 

Fax: (512) 279-6438 

Email: george.hyde@rampage-aus.com 

SBN: 45006157 

I. Appellant II. Appellant Attorney(s) 

~ Person D Organization (choose one) ~ Lead Attorney 

First Name: Scott 

First Name: Bob Middle Name: M. 

Middle Name: Last Name: Tschirhart 

Last Name: Deuell Suffix: 

Suffix: Law Firm Name: Denton Navarro Rocha Bernal Hyde & Zech, 

Pro Se: Q d ,P.C. Ad ress I: L.:>uu w. w uuam l.-annon ur., :::iutte OU'J 

Address 2: 

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ACCEPTED

01-15-00617-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/24/2015 1:32:29 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/24/2015 1:32:29 PM CHRISTOPHER A. PRINE Clerk
III. Appellee 

0 Person [g]Organization (choose one) 

Organization Name: Texas Right to Life Committee 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: Q 

III. Appellee 

D Person [g]Organization (choose one) 

Organization Name: Texas Right to Life Committee 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: 0 

III. Appellee 

0 Person [g]Organization (choose one) 

Organization Name: Texas Right to Life Committee 

First Name: 

City: Austin 

State: Texas Zip+4: 78745-5320 

Telephone: (512) 279-6431 ext. 

Fax: (512) 279-6438 

Email: scott.tschirhart@rampage-aus.com 

SBN: 24013655 

IV. Appellee Attorney(s) 

[g] Lead Attorney 

First Name: N. 

Middle Name: Terry 

Last Name: Adams 

Suffix: Jr. 

Law Firm Name: Beirne, Maynard & Parsons, L.L.P. 

Address 1: 1300 Post Oak Blvd., Suite 2500 

Address 2: 

City: Houston 

State: Texas Zip+4: 77056 

Telephone: (713) 623-0887 ext. 

Fax: (713) 960-1527 

Email: tadams@bmpllp.com 

SBN: 00874010 

IV. Appellee Attomey(s) 

D Lead Attorney 

First Name: Joseph 

Middle Name: M. 

Last Name: Nixon 

Suffix: 

Law Firm Name: Beirne, Maynard & Parsons, L.L.P. 

Address 1: 1300 Post Oak Blvd., Suite 2500 

Address 2: 

City: Houston 

State: Texas Zip+4: 77056 

Telephone: (713) 623-0887 ext. 

Fax: (713) 960-1527 

Email: jnixon@bmpllp.com 

SBN: 15244800 

IV. Appellee Attorney(s) 

D Lead Attorney 

First Name: James 

Middle Name: Edwin 

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Middle Name: Last Name: Trainor 

Last Name: Suffix: III. 

Suffix: Law Firm Name: Beirne, Maynard & Parsons, L.L.P. 

Pro Se: Q Address I: 401 W. 15th Street, Suite 845 

Address 2: 

City: Austin 

State: Texas Zip+4: 78701-1667 

Telephone: (512) 623-6700 ext. 

Fax: (512) 623-6701 

Email: ttrainor@bmpllp.com 

SBN: 24042052 

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V. Perfection Of Appeal And Jurisdiction 

Nature of Case (Subject matter or type of case): Other 

Date order or judgment signed: July I, 2015 Type of judgment: Interlocutory Order 

Date notice of appeal filed in trial court: July l3, 2015 

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

Interlocutory appeal of appealable order: [g] Yes D No 

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

Accelerated appeal (See TRAP 28): [g] Yes D No 

If yes, please specify statutory or other basis on which appeal is accelerated: 

Defendant filed a motion to dismiss pursuant to Chapter 27 of the Texas Civil Practices and Remedies Code, no hearing was held within the 

statutory time limit ofninety (90) days, and the motion was denied by operation oflaw. 

Parental Tennination or Child Protection? (See TRAP 28.4): 0Yes [!]No 

Pennissive? (See TRAP 28.3): D Yes [g] No 

If yes, please specify statutory or other basis for such status: 

Agreed? (See TRAP 28.2): D Yes 181 No 

If yes, please specify statutory or other basis for such status: 

Appeal should receive precedence, preference, or priority under statute or rule: 

If yes, please specify statutory or other basis for such status: 

Does this case involve an amount under $100,000? [g] Yes 0No 

Judgment or order disposes of all parties and issues: D Yes [g]No 

Appeal from final judgment: D Yes [g] No 

D Yes [g] No 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes 181No 

VI. Actions Extending Time To Perfect Appeal 

Motion for New Trial: 

Motion to Modify Judgment: 

Request for Findings of Fact 

and Conclusions of Law: 

Motion to Reinstate: 

Motion under TRCP 306a: 

Other: 

If other, please specify: 

0Yes [g] No 

0Yes [g] No 

D Yes 181 No 

OVes [g] No 

D Yes [g] No 

0Yes 181 No 

If yes, date filed: 

If yes, date filed: 

lfyes, date filed : 

lfyes, date filed : 

If yes, date filed : 

VII. lndigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) 

Affidavit filed in trial court: 

Contest filed in trial court: 

Date ruling on contest due: 

Ruling on contest: D Sustained 

D Yes D No 

0Yes [g] No 

D Overruled 

If yes, date filed: 

If yes, date filed : 

Date of ruling: 

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VIII. Bankruptcy 

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 

If yes, please attach a copy of the petition. 

0Yes ~No 

Date bankruptcy filed: 

IX. Trial Court And Record 

Court: I 52nd Judicial District Court 

County: Harris 

Trial Court Docket Number (Cause No.): 2014-32179 

Trial Judge (who tried or disposed of case): 

First Name: Robert 

Middle Name: 

Last Name: Schaffer 

Suffix: 

Address 1: 201 Caroline 11th Floor 

Address 2: 

City: Houston 

State: Texas Zip + 4: 77002 

Telephone: (713) 368-6040 ext. 

Fax: (713) 368-6801 

Email: Salene.Smith@hcdistrictclerk.com 

Reporter's or Recorder's Record: 

Is there a reporter's record? 

Was reporter's record requested? 

~Yes D No 

0Yes ~No 

Bankruptcy Case Number: 

Clerk's Record: 

Trial Court Clerk: ~ District D County 

Was clerk's record requested? D Yes ~ No 

If yes, date requested: 

Ifno, date it will be requested: 7/24/2015 

Were payment arrangements made with clerk? 

~Yes 0No 0Indigent 

(Note: No request required under TRAP 34.S(a),(b)) 

Was there a reporter's record electronically recorded? ~Yes D No 

If yes, date requested: 

If no, date it will be requested: July 24, 2015 

Were payment arrangements made with the court reporter/court recorder? ~Yes D No Oindigent 

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~ Court Reporter 

D Official 

First Name: Cynthia 

Middle Name: Martinez 

Last Name: Montalvo 

Suffix: 

D Court Recorder 

D Substitute 

Address I: I 52nd Civil Dist Court. 20 I Caroline, 11th Fir 

Address 2: 

City: Houston 

State: Texas Zip + 4: 77002 

Telephone: (713) 368-6037 ext. 

Fax: 

Email: cynthiam@justex.net 

X. Supersedeas Bond 

Supersedeas bond filed:0Yes ~ No Ifyes, date filed : 

Will file: D Yes ~ No 

XI. Extraordinary Relief 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? D Yes ~ No 

If yes, briefly state the basis for your request: 

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) 

Should this appeal be referred to mediation? D Yes~ No 

If no, please specify: 

Has the case been through an ADR procedure? 0Yes ~ No 

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? Other 

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 additional issues or request additional relief): 

Chapter 27 of the CPRC requires the dismissal of the Plaintifl's claims in this case. The applicable standard for review is de novo. 

How was the case disposed of? Other 

Summary of relief granted, including amount of money judgment, and if any, damages awarded. None 

If money judgment, what was the amount? Actual damages: $0.00 

Punitive (or similar) damages: $0.00 

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Attorney's fees (trial): $45,605.00 

Attorney's fees (appellate): $5,000.00 

Other: $4,552.39 

If other, please specify: Filing fee, copy of Clerk's Record, paralegal/staff and costs 

Will you challenge this Court's jurisdiction? 0Yes [gJ No 

Does judgment have language that one or more parties "take nothing"? D Yes [gJ No 

Does judgment have a Mother Hubbard clause? DY es [gJ No 

Other basis for finality? Interlocutory 

Rate the complexity of the case (use I for least and 5 for most complex): [gJ l D 2 D 3 D 4 D 5 

Please make my answer to the preceding questions known to other parties in this case. 

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

If yes, please give name, address, telephone, fax and email address: 

[g!Yes D No 

Name Address Telephone Fax 

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

Name of person filing out mediation section of docketing statement: 

XIII. Related Matters 

Email 

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

Docket Number: Trial Court: 

Style: 

Vs. 

Page 7of10 
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 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. !fa 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 fonn at the Clerk's Office or on the Internet 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 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 [81 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? 0 Yes [81 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 an affidavit oflndigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of 

the U.S. Department of Health and I luman Services Federal Poverty Guidelines? D Y cs [81 No 

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http: nspe.hhs.gov/povcm 06povcrty .shtml. 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? 0 Yes 1:81 No 

If yes, pleose attoch an Affidavit of lndigency completed and executed by the appellant or appcllec. Sample fonns 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 

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 known (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 prose party) 

Printed Name: Scott M. Tschirhart 

Electronic Signature: 

(Opllonnl) 

Date: July 24, 2015 

State Bar No.: 24013655 

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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 

""Z"dgmoot" follow• O• 

Signature of counsel (or prose party) Electronic Signature: 

(Optional) 

State Bar No.: 24013655 

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: 

(I) 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 

Please enter the following for each person served: 

Date Served: July 24, 2015 

Manner Served: eScrved 

First Name: N. 

Middle Name: Terry 

Last Name: Adams 

Suffix: Jr. 

Law Finn Name: Beirne, Maynard & Parsons, L.L.P. 

Address I: 1300 Post Oak Blvd., Suite 2500 

Address 2: 

City: Houston 

State Texas Zip+4: 77056 

Telephone: (713) 623-0887 ext. 

Fax: (713) 960-1527 

Email: tadams@bmpllp.com 

If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee 

Please enter the following for each person served: 

Page 9of10 
Date Served: July 24, 2015 

Manner Served: eServed 

First Name: Joseph 

Middle Name: M. 

Last Name: Nixon 

Suffix: 

Law Firm Name: Beirne, Maynard & Parson, L.L.P. 

Address I: 1300 Post Oak Blvd., Suite 2500 

Address 2: 

City: Houston 

State Texas Zip+4: 77056 

Telephone: (713) 623-0887 ext. 

Fax: (713) 960-1527 

Email: jnixon@bmpllp.com 

If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee 

Please enter the following for each person served: 

Date Served: July 25, 2015 

Manner Served: eServed 

First Name: James 

Middle Name: E. 

Last Name: Trainor 

Suffix: ill. 

Law Firm Name: Beirne, Maynard & Parsons, L.L.P. 

Address I: 401W.15th Street, Suite 845 

Address 2: 

City: Austin 

State Texas Zip+4: 78701 

Telephone: (512) 623-6700 ext. 

Fax: (512) 623-6701 

Email: ttrainor@bmpllp.com 

If Attorney, Representing Party's Name: Texas Right to Life Committee, Inc., Appellee 

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