FEi-E© I N Court of Appeals DEC 0 9 2015 Lisa Matz CASE NO. 05-15-00956-CV clerk, 5th District IN THE COURT OF APPEALS FIFTH DISTRICT 6f TEXAS SUSAN ANN FISHER, APPELLANT V. MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAND ATEF, M.D., SALMAN WAHED, M.D., CYNTHIA CARTER, RN, ANNE W. HANDLEY, RN, AND RAY J. DELGADILLO, RT, AD MICHAEL ALLEN, R.T., APPELLEES ON APPEAL FROM THE 296TH JUDICIAL DISTRICT COURT COLLIN COUNTY, TEXAS TRIAL COURT CAUSE NO. 296-01024-2014 RFqilFST FOR TRIAL BY JURY OF MY PEERS AMD SEPARATE JUDGMENT FOR MICHAEL ALLEN awn si IPPLFMENTAL OBJECTIONS TO DISMISSALS December 9, 2015 In appealing this case, the defendants have motioned for dismissals. In the case of Michael Allen, anotice by publication has been served and Irequest the courts discretion to sever or separately grant adefault judgment for this defendant. The clerks' records are erroneously listing an attorney for Michael Allen, Defendant and the clerks are currently trying to correct this as requested in aMotion To Correct The Clerks' Records. Iappeal for atrial by jury of my peers to prosecute this case and to try these seven detendants together. However, for the sake of justice, Irequest that this case not be ,twed odismiss all parties because the defendant Michael Allen has been served a notice by publication, whereas the other defendants have been represented by attoroneys. Iask the discretion of the court in allowing whatever actions may be necessary in «anting adefault iudgment on Mr. Allen and in hearing the complamts agamst all 8defe nts be-u ethe case is not pending in the 296th district. The appeals were.not Iwed nocutory appeals because of pendings in the 296th distnct prev.ously and I request time to prepare the brief when the records are obtained. Justice demands these consessions and Iappreciate your early assistance in this cause O'CONNORS' TEXAS RULES 2014. Pg. 142 -Sec. 4.2. REVIEW. Appeal. If reersal is warranted, appellate court can render the judgment the trial court should have rendered, unless aremand for further proceedings is necessary. FDIC 828 S.W. 2d at 772. Pg. 143 -Sees. 2.7 &2.8. CONSOLIDATION AND JOINT TRIAL. (Resolution by separate judgments in same trial.) PAGE 141 -JURY TRIAL THE PARTIES ARE ENTITILED TO AJURY TRIAL, AS IN OTHER CIVIL CASES. CPRC sec. 37.007. Page 141 -Sec. 3.1 -Court of appeals has jurisdiction to hear an action for declaratory relief. Page 141 -Sec 21-Adeclaratory judgment is appropriate only when there is justiciable controversy about the rights and status of the parties, and the declarat.on would resolve the controversy. (2) Construction or validity of statute, ordinance, contract orfranchise. (3) next ofkin, beneficiary, heir. (I have the right to act in this lawsuit as child of the deceased and beneficiary). (The court of appeals has the authority to make adeclaratory judgment on the defendant that was served by notice of publication and give adefault judgment. They also have the jurisdiction and the authority to reverse the lower courts decisions and to grant alawful trial by jury of my peers as Ihave demanded and paid for, as law requires). Appellant thanks the court for their help in trying this appeal and asks for all legal remedies for the sake of justice in this cause. Appeallant requests no dismissal be allowed and that the case would be heard and granted an immediate rel.ef in the granting of ajury trial and default judgment on Michael Allen. (See Motion To Correct Clerks' Records filed December 7 and 8, 2015). TRAP 34 5(d) (h) Defects or Inaccuracies. If the clerks' record is defective or inaccurate, the appellate clerk must inform the trial court clerk of the defect or inaccuracy and instruct the lerk to make the correction. Page 141 -Sees. 3.7, 3.8, and 3.8(1) Attorney fees, etc are discretionary and must be reasonable, necessary, equitable, and just. Without atrial by jury of my peers there's nothing at all just about this entire process of 2 litigation. Ihave faced nothing but unwarranted actions in the courts that should be granting each citizen alegal trial by jury as our constitutional liberties entitle us. I demand such atrial by jury of my peers and Irequest that the court of appeals annul the judgments of the lower court to dismiss as sanctions that were unwarranted and excessive and for the sole purpose of closing down this case. Iobject to these tactics and demand fairness in this legal process to avenge the blood of my dad who was administered lethal medicine in alocal American hospital. Irequest adeclaratory judgment that would reverse the sanction of $5000.00 to the nurse who gave this breathing depressant to our dad, without telling us of the properties of this medicine or that it was abreathing depressant that was lethal to patients with impaired breathing who were taken off the breathing tube and had no resusitation. Eeclesiastes 12:13 "All has been heard: the end of the matter is: Fear God and keep His ommandments, for this is the whole of man, the whole (duty) of every man." "You Shall Not Commit Murder" -Exodus 20:13 Proverbs 31: 8,9 -"Open your mouth for the dumb, for the rights of all those who are left desolate and defenseless. Open your mouth, judge righteously, and administer justice for the poor and needy." Respectfully submitted, Susan Ann Fisher P. O. Box 460461 Garland, TX 75046 susanfisher972@yahoo.com 214-730-2578 SAF cc: Burford & Ryburn, LLP Wilson, Elser, Moskowitz, Edelman, &Dicker, LLP 296th Clerks's Office Krueger, Bell &. Bailey, LLP CERTIFICATE OF SERVICE Icertify that on December 9, 2015,1 served acopy of Request For Trial By Jury Of My Peers And Separate Judgment For Michael Allen And Supplemental Objections To Dismissals to the entities below. Burford and Ryburn, LLP 500 N. Akard, Suite 3100 Dallas, TX 75201 Robert Begert, Attorney for Alireza Z. Atef and Salman Waheed Wilson, Elser, Moskowitz, Edelmand &Dicker LLP 901 Main Street, Suite 4800 Dallas, TX 75202 Brenda Damuth, Attorney for Medical Center of Piano Cynthia Carter, Anne W. Handley, Ray J. Delgadillo Susan Ann Fisher Pro Se Plaintiff