November 30, 2015
NO. 03-15-00719
IN THE THIRD COURT OF APPEALS
AUSTIN, TEXAS
CAROLYN BARNES, ET AL, APPELLANT
DUSTY HUMES, PH.D. AND RICHARD COONS, M.D.
JOINT MOTION TO CLARIFY RECORD FOR APPEAL
On Appeal From Cause No. D-l-GN-15-000877
From The 419th Judicial District Court Of Travis County, Texas
The Honorable Orlinda Naranjo Presiding
Carolyn Barnes, J.D., Ph.D.
419 Indian Trail
Leander, Texas 78641
(281)467-8681
Barnes.legalguidance@gmail.com
IDENTITY OF PARTIES AND COUNSEL
Appellant:
Carolyn Barnes
419 Indian Trail
Leander, Texas 78641
(281)467-8681
Barnes.legalguidance@gmail.com
Appellees:
DUSTY HUMES, PH.D.
RICHARD COONS, M.D.
Counsel for Appellees:
Brett B. Rowe
Evans, Rowe & Holbrook, P.C.
10101 Reunion Place, Suite 900
San Antonio, Texas 78216
bbrowe@evans-rowe.com
David M. Davis
DAVIS & WRIGHT, P.C,
P.O. Box 2283
Austin, Texas 78768-2283
ddavis@dwlaw.com
JOINT MOTION TO CLARIFY RECORD FOR APPEAL
On October 6, 2015, the trial court entered an Order granting the
motion for summary judgment filed by Richard Coons, M.D. On the same
date, the trial court also entered an Order granting the motion for summary
judgment filed by Dusty Humes, Ph.D.
Subsequently, Richard Coons, M.D. was severed into a separate cause
number to allow this appeal. It was assigned a new cause number D-l-GN-
15-004460. Dusty Humes, Ph.D. was also severed and assigned a new cause
number D-l-GN-15-004461.
The parties are jointly working on the designation of the Clerk's
Record for appeal. There is confusion due to the nature of this case
concerning where matters have been filed and the docketing of two
apparently similar cases at the Third Court of Appeals and the parties now
move jointly to correct and clarify the record for appeal.
On November 10, 2015, this cause was docketed in the Third Court of
Appeals under Cause No. 03-15-00700-CV. A week later, on November 17,
2015, a similar styled case was docketed in the Third Court of Appeals
under Cause No. 03-15-00719.
The only difference between 0700 and 0719 appears to be that
Richard Coons, M.D. is the lead name in the 0700 appeal and Dusty Humes,
Ph.D. is the lead name in the 0719 appeal.
Therefore, for clarity and purposes of appeal, the parties have agreed
to the following:
(1) The appellate case under No. 03-15-00700 shall only bear the
name of RICHARD COONS, M.D. as the defendant on appeal and will only
deal with the matters pertaining to RICHARD COONS, M.D.;
(2) The appellate case under No. 03-15-00719 shall only bear the
name of DUSTY HUMES, PH.D. as the defendant on appeal and will only
deal with the matters pertaining to DUSTY HUMES, PH.D.;
(3) Any matters filed in the original case D-l-GN-15-00877 or
subsequently filed in D-l-GN-15-004460 shall be made part of the record on
appeal in 03-15-00700 as designated by the parties; and
(4) Any matters filed in the original case D-l-GN-15-00877 or
subsequently filed in D-l-GN-15-004461 shall be made part of the record on
appeal in 03-15-00719 as designated by the parties.
RELIEF REQUESTED
Movants jointly request that the Court grant the Motion for Extension
of Time to file the docketing statements, designate and file the Clerk's
Record, and designate and file the Court Reporter's Record for a period of
thirty days; grant the Joint Motion to Clarify Record for Appeal; clarify and
designate Case No. 03-15-00700 to be the appeal concerning RICHARD
COONS, M.D. and the granting of his motion for summary judgment;
clarify and designate Case No. 03-15-00719 to be the appeal concerning
DUSTY HUMES, PH.D. and granting of her motion for summary judgment;
and all other relief requested herein. Movants request that the Court award
all other relief as the Court deems just and proper.
Respectfully submitted,
Carolyn Barnes
419 Indian Trail
Leander, TX 78641
281467 8681
barnes.legalguidance@gmail.com
By:
Carolyn Barnes
Brett B. Rowe
Evans, Rowe & Holbrook, P.C.
10101 Reunion Place, Suite 900
San Antonio, Texas 78216
bbrowe@^yans-rowe.cj
_ BRETT B. ROWE~^
David M. Davis
DAVIS & WRIGHT, P.C,
P.O. Box 2283
Austin, Texas 78768-2283
ddavis@dwlaw.com
By:
DAVID M. DAVIS
Brett B. Rowe
Evans, Rowe & Holbrook, P.C.
10101 Reunion Place, Suite 900
San Antonio, Texas 78216
bbrowe@evans-rowe.com
By:
BRETT B. ROWE
David M. Davis
DAVIS & WRIGHT, P.C,
P.O. Box 2283
Austin, Texas 78768-2283
ddavis@dwlaw.pom
DAVID M. DAVIS
j> r$dn ?7£dV
JURAT
COUNTY OF WILLIAMSON
STATE OF TEXAS
Pursuant to Texas Civil Practices and Remedies Code Sec. 132.001, I,
Carolyn Barnes, do hereby swear and affirm that the facts stated above are
true and correct based on personal knowledge.
I aver that "My name is Carolyn Barnes, my date of birth is January 12,
1957, and my address is 419 Indian Trail, Leander, Texas 78641 in the
United States of America. I swear under penalty of perjury that all the facts
stated herein are within my personal knowledge and true and correct.
I have read the foregoing Joint Motion To Clarify Record For Appeal and
the facts stated within that are not verified by the record are true and correct
to the best of her knowledge.
The attorneys representing the opposing parties, RICHARD COONS and
DUSTY HUMES have agreed to this joint motion and have authorized me to
sign their names with permission on this joint motion. I have attached
copies of their actual signatures on the joint motion sent via email.
SWORN TO BEFORE ME ON THIS 24th day of November, 2015.
By:_
Carolyn Barnes
CERTIFICATE OF CONFERENCE
Plaintiff has conferred with opposing counsel and they have agreed
and join in the requested relief.
Carolyn Barnes
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of
the foregoing document has been served pursuant to Rule 21a of the Texas
Rules of Civil Procedure on all counsel of record on this the 24 day of
November 2015.