Ron Seale, Individually and as the Representative of the Estate of Clara Lavinia Seale v. Horace Truett Seale and Wife, Nan Seale

ACCEPTED
12-15-00004-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/23/2015 4:02:34 PM
Appellate Docket Number: CATHY LUSK
CLERK
Appellate Case Style:

Vs.

Companion Case No.: FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
1/23/2015 4:02:34 PM
CATHY S. LUSK
Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk
Appellate Court:[IZ:th§o~tfl;>fi\'Pil~~~$ · · U
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

Organization Name:
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Telephone: (90,~)567£2651
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D Person IZJ Organization (choose one) D Lead Attorney
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 City:
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Agreed? (See TRAP 28.2): DYes ISJ No

DYes ISJ No

Does this case involve an amount under $100,000? ISJ Yes DNo
Judgment or order disposes of all patties and issues: ISJ Yes DNo
Appeal from final judgment: ISJ Yes D No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? ISJ Yes DNo

for New Trial: DYes
Motion to ModifY Judgment: DYes ISJ No If yes, date filed:
Request for Findings ofF act DYes ISJ No If yes, date filed:
and Conclusions of Law:
Motion to Reinstate: DYes ISJ No If yes, date filed:

Motion under TRCP 306a:
DYes ISJ No If yes, date filed:

Other: DYes ISJ No

Affidavit filed in trial court: DYes DNo

Contest filed in trial court: DYes ISJ No
Date ruling on contest due:

Ruling on contest: D Sustained D Overruled Date of ruling:

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 Has any pa1ty to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes ~No
If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

Trial Court Clerk: D District ~ County
Trial Court Docl{ct Number (Cause No.): Was clerk's record requested? DYes ~No

Judge (who tried or disposed of case): If yes, date requested: ;:~:{:~·:]~~~~~~~~~~~~;I~~'~;'!\~~·;~·J~j)J
If no, date it will be requested:
First Name: Were payment arrangements made with clerk?
Middle Name: ~Yes DNo Dindigent
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If other, please specify:

Type of case?
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):

How was the case disposed of?
Summary of relief granted, including amount of money judgment, and if any, damages awarded. f'lJIS~;.aiS,tlii~~.~aJoi'liCJ;
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 Date Served:

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c CAUSE NO. CV04637 r-rr Fn FOR RECORfl
2014 OEC 16 PH 3: 2 I
RON SEALE, Individually and as the § .COUNTY COURT AT LAW
Representative of the Estate of § CHARLO ITt, a1 ['I .
CLARALA~ASEALE §
couumtmx. 1'iuzAnoWo'. 1.
Plaintiff § BY--~-- /JtP.
§
vs. § OF
§
HORACE TRUETT SEALE and wife, §
NAN SEALE, §
Defendants § VANZANDT COUNTY, TEXAS

ORDER
On November 20, 2014, the Comt heard the Defendants' Motion to Dismiss fvr Lack of

Jurisdiction. All paities we1·e represented by counsel.

Having cvnsidered the motion, Plaintiff's response, the ~rgument!i of counsel, and the

applicable law, the Court concludes that it lacla! jurlsdictlon over the Plaintiff's claims. It Js

therefore ORDERED that Defendants' Motion to Dismiss for Lack of Jurisdiction is hereby

GRANTED.

. 16'14
SIGNED AND ENTERED on thw the~ day of December, 2014.

/2adiL.Jr/Jvtl
HONORABLE RANDALL. MCDONALD
JUDGE PRESIDING

(
 CAUSE NO. CV04637

RON SEALE, Individually and as the § COUNTY COURT AT LAW
Representative of the Estate of §
CLARA LAVINIA SEALE §
Plaintiff §
§
vs. §
§
HORACE TRUETT SEALE and wife, §
NAN SEALE, §
Defendants §

PLAINTIFFS' NOTICE OF APPEAL
Pursuant to Rule 25.1 of the Texas Ru1es of Appellate Procedure, Ron Seale,

Individually and as the Representative of the Estate of Clara Lavinia Seale, the Plaintiffs

in the above-styled and numbered action file this notice of appeal to the Twelfth Distdct

Court of Appeals (Tyler). Plaintiffs desire to appeal from the judgment l'endered against

Plaintiffs and in favor of the Defendants by the County Court at Law of VanZandt

County, Texas on December 16,2014.

Dated this the 12th day of January, 2015.

Respectfully submitted,

~ THATCHER~'El SATLAW,P.C.

By:

ATTORNEY FOR PLAINTIFFS

PLAINTIFFS' NOTICE OF APPEAL
Cause No. CV04637; Ron Seale eta! vs, Horace Truett Seale et ux Page 1
...

CERTIFICATE OF SERVICE

I certify that on January 12, 2015, I deposited in the United States Mail a true

copy of the preceding notice of appeal addressed to attorney of record for Defendants by

certified mail, return receipt requested (#7012 3050 0000 1271 7774) as follows:

Mr. John F. (Jack) Walker, III
Martin Walker, P.C.
The Arcadia Theater
121 N. Spring Avenue
Tyler, Texas 75702
I ,
Dated the 12th day of January, 2015.

PLAINTIFFS' NOTICE OF APPEAL
Cause No. CV04637; Ron Seale eta/ vs. Horace Tiwett Seale et ux Page2