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