Allstate Insurance Company v. Margaret Jordan

ACCEPTED 06-15-00042-cv SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/1/2015 5:21:26 PM DEBBIE AUTREY Appellate Docket Number: 06-15-00042-CV CLERK Appellate Case Style: Alstate Insurance Company Vs. Margaret Jordan FILED IN Companion Case No.: 6th COURT OF APPEALS TEXARKANA, TEXAS 10/1/2015 5:21:26 PM DEBBIE AUTREY Clerk Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: 6th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) ç Afejlee, I. Appellant iCros. II. Appellant Attorney(s) fi Person &" Organization (choose one) .`"' Lead Attorney Organization Name: Allstate Insurance Company First Name: Jacquelyn First Name: Middle Name: Ann Middle Name: Last Name: Chandler Last Name: Suffix: Suffix: Law Firm Name: Thompson, Coe, Cousins & Irons, L.L.P. Pro Se: C1 Address 1: 700 North Pearl Street Address 2: 25th Floor City: Dallas State: Texas Zip+4: 75201 Telephone: 214/871-8237 ext. Fax: 214/871-8209 Email: jchandler@thompsoncoe.com SBN: I. Appellant II. Appellant Attorney(s) fl Person fl Organization (choose one) ill Lead Attorney First Name: John First Name: Middle Name: Middle Name: Last Name: Causey Last Name: Suffix: Suffix: Law Firm Name: Hope & Causey, P.C. Pro Se: 0 Address 1: P.O. Box 3188 Address 2: Page 1 of 9 City: Conroe State: Texas Zip+4: 77305 Telephone: 936/441-4673 ext. Fax: 936/441-4674 Email: john@hope-causey.com SBN: 04019100 III. Appellee IC1055r— Aftle1144.4 IV. Appellee Attorney(s) 92 Person ei Organization (choose one) $.2 Lead Attorney First Name: David First Name: Margaret Middle Name: Gleim Middle Name: Last Name: Tekell Last Name: Jordan Suffix: Suffix: Law Firm Name: Tekell & Atkins, L.L.P. Pro Se: C1 Address 1: 5400 Bosque Boulevard Address 2: Suite 600 City: Waco State: Texas Zip+4: 76710 Telephone: 254/776-5095 ext. Fax: 254/776-5091 Email: david@tekellatkins.com SBN: 19763950 Page 2 of 9 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Insurance Date order or judgment signed: August 14, 2015 Type of judgment: Jury Trial Date notice of appeal filed in trial court: September 11, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: ei Yes .f'`r No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated appeal (See TRAP 28): L1 Yes >2 No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): EYes No Permissive? (See TRAP 28.3): Yes e No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): E Yes lie No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: . Yes ei No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? Yes ei No Judgment or order disposes of all parties and issues: • Yes E No Appeal from final judgment: .02 Yes ii No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? E1 Yes .I.No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes 111 No If yes, date filed: June 26, 2015 Motion to Modify Judgment: pYes fl No If yes, date filed: June 26, 2015 Request for Findings of Fact EI1 Yes No If yes, date filed: and Conclusions of Law: EYes No If yes, date filed: Motion to Reinstate: • Yes No If yes, date filed: Motion under TRCP 306a: Other: PX1 Yes al No If other, please specify: Motion to Refonn Judgment Granted; Reformed Judgment Entered August 14,2015 VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affídavit filed in trial court: ii Yes 1111 No If yes, date filed: Contest filed in trial court: IlYes • No If yes, date filed: Date ruling on contest due: Ruling on contest: li Sustained E1 Overruled Date of ruling: Page 3 0f9 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy 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: 170th District Court Clerk's Record: County: McLennan County Trial Court Clerk: ,&" District County Trial Court Docket Number (Cause No.): 2014-243-4 Was clerk's record requested? G Yes No If yes, date requested: June 25, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Jim Were payment arrangements made with clerk? Middle Name: .02. Yes LNo jjjjIndigent Last Name: Meyer (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 501 Washington Avenue Address 2: Room 211 City: Waco State: Texas Zip + 4: 76701 Telephone: 254/757/5045 ext. Fax: 254/757-5129 Email: 170th@co.mclennan.tx.us Reporters or Recorder's Record: Is there a reporters record? Yes EiiiI No Was reporters record requested? G Yes el No Was there a reporters record electronically recorded? fl Yes .■'2' No If yes, date requested: July 16, 2015 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? Yes ei No jjjJIndigent Page 4 of 9 a Court Reporter Ill Court Recorder lii Official iiiii Substitute First Name: Suzanne Middle Name: Last Name: Hanus Suffix: Address 1: 501 Washington Avenue Address 2: Room 211 City: Waco State: Texas Zip + 4: Telephone: 254/757-2054 ext. Fax: 254/757-2822 Email: 170th@co.mclennan.tx.us X. Supersedeas Bond Supersedeas bond filed: .0 Yes • No If yes, date filed: June 25, 2015 Will file: el Yes • No XI. Extraordinary Relief Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? ii Yes _P2 No If yes, briefly state the basis for your request: XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the lst, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, llth, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? III Yes No If no, please specify:This case presents an opportunity for the court to resolve open question of law for precedential purposes Has the case been through an ADR procedure? EYes .,2" No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? l Pre-Trial Post-Trial Other 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): Cross-Appellant seeks a new trial because the jury failed to find an amount of damages for pain and suffering, despite overwhelming evidence. How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. declaratory relief and attomey's fees If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00 Page 5 of 9 Attorney's fees (trial): $7,500.00 Attorney's fees (appellate): $15,000.00 Other: If other, please specify: Declaratory relief as to amount of compensable damages sustained in motor vehicle accident covered by policy Will you challenge this Court's jurisdiction? Yes C1 No Does judgment have language that one or more parties "take nothing"? Yes 02 No Does judgment have a Mother Hubbard clause? i" ' Yes fill No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): • 1 2 la 3 il 4 ell 5 Please make my answer to the preceding questions known to other parties in this case. 11 Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: XIII. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: 10-15-00229-CV Trial Court: 10th Court of Appeals Style: Allstate Insurance Company Vs. Margaret Jordan XIII. Related Matters 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 6 of 9 XIV. Pro Bono Program: Complete section if filing in the lst, 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. If a 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 form 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-fíve (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 attomeys. Do you want this case to be considered for inclusion in the Pro Bono Program? EI Yes M 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? Yes E 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 of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Ei Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the intemet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? L1 Yes ONo If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the intemet at http://wwvv.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). Signature of counsel (or p o se party) Date: October 1, 2015 Printed Name: David G. Tekell State Bar No.: 19763950 Electronic Signature: (Optional) Page 7 of 9 XVI. Certificate of Service The unde ned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's e der r judg e as follows on October 1, 2015 • Signature of counsel (o pro se pa Electronic Signature: (Optional) State Bar No.: 19763950 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: (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 attomey, the name of the party represented by that attorney Please enter the following for each person served: Date Served: October 1, 2015 Manner Served: eServed First Name: Jacqueline Middle Name: Last Name: Chandler Suffix: Law Firm Name: Thompson, Coe, Cousins & Irons, L.L.P. Address 1: 700 North Pearl Street Address 2: 25th Floor City: Dallas State Texas Zip+4: 75201 Telephone: 214/871-8237 ext. Fax: 214/871-8209 Email: jchandler@thompsoncoe.com If Attorney, Representing Partys Name: Allstate Insurance Company Please enter the following for each person served: Page 8 of 9 Date Served: October 1, 2015 Manner Served: eServed First Name: John Middle Name: Last Name: Causey Suffix: Law Firm Name: Hope & Causey, P.C. Address 1: P.O. Box 3188 Address 2: City: Conroe State Texas Zip+4: 77305 Telephone: 936/441-4673 ext. Fax: 936/441-4674 Email: john@hope-causey.com If Attorney, Representing Partys Name: Allstate Insurance Company Page 9 of 9