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CASE NO. -------------------------
IN THE SUPREME COURT
OF TEXAS
.
IN RE JENNIFER CARY
-. Relator
... Original proceedingfrom the F.jfth District Court ofAppeals at Dallas,
Cause No. 05-10-01071-Cv' and 380T. Judicial District Court. Collin County. Texas,
Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.
APPENDIX TO PETITION FOR WRIT OF MANDAMUS
- Thomas M. Michel
- State Bar No. 14009480
GRIFFITH, JAY & MICHEL, LLP
2200 Forest Park Blvd.
-
Fort Worth, Texas 76110
(817) 926-2500 (Telephone)
(817) 926-2505 (Facsimile)
ATTORNEYS FOR RELATOR
ORAL ARGUMENT REQUESTED
-
L
- Tab Description
INDEX TO APPENDIX
-.
-~ -- -~. -
.~----~ ~--
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Date-- --
A. Certified copy of Final Decree of Divorce 10105/04
B. Certified copy of Final Order of Modification 12/01/06
C. Certified copy of Order on Motion for Sanctions 06125107
D. Certified copy of Order Approving Receiver's 151 Interim Application 07/02/07
for Authority to Disburse Funds and Approval of Receiver's Fees
E. Certified copy of David Cary's Petition to Modify Parent-Child 01129/09
RelationshiQ
F. Certified copy of Jennifer Cary's Motion to Recuse Judge Wooten 03/03/09
- o.
H.
Certified copy of Judge Wooten's Order of Referral
Certified copy of Mutual Temporary Restraining Order and Order
03/04/09
04/29/09
-
Setting Hearing on Temporary Orders
1. Certified copy of Letter dated May 20, 2009 from Judge John L. 05/21109
McCraw, Jr.
- J. Certified copy of Order Vacating and Setting Aside the Order on
Motion for Sanctions Signed June 25, 2007 and Order Appointing
07115/09
-
Receiver Signed August 13, 2007
K. Certified copy of Temporary Orders 11113/09
L. Certified copy of Temporary Orders 12/04/09
... M. Certified copy of Order on Motion to Vacate Mediated Settlement
Agreement
06/07110
-
N. Certified copy of Order in Suit to Modify Parent-Child Relationship 08/03110
o. The First Administrative Region - webpage printouts 08112110
-
P. Certified copy of Collin County District Clerk's Docket Sheet for 08112110
Cause No. 380-54606-03
Q. Certified copy of Judge's Docket Sheet for Cause No. 380-54606-03
R. Affidavit of Thomas Michel 08/19110
S. Affidavit of William F. Neal 08/24110
T. Affidavit of Doug Perrin 08119110
-
U. Affidavit of Ashley Johnson 08/30110
V. Affidavit of Thomas Michel 09110110
1. August 27, 2010 fax from Judge Ovard and copy of Order of
Assignment
2. Example of Order of Assignment
3. Example of Order of Assignment
- W. Certified Indictment - Suzanne H. Wooten
Certified Indictment - David Cary
-
Certified Indictment - Stacy Stine Cary
Certified Indictment - James Stephen Spencer
- 1
-
- X.
Y.
Letter dated November 17, 2010 from Judge John L. McCraw, Jr.11111711 0
enclosing an Order of Recusal.
Dave Cary's Response to Jennifer Cary's Petition for Writ of 8/31110
-- Mandamus in the Dallas Court of Appeals
,
Z. Court of Appeals Memorandum Opinion 9/20110
-
Respectfully submitted,
-
/j2Ad
Thomas M. Michel
State Bar No. 14009480
GRIFFITH, JAY & MICHEL, LLP
2200 Forest Park Blvd.
Fort Worth, Texas 76110
(817) 926-2500 (Telephone)
I
i.. (817) 926-2505 (Facsimile)
ATTORNEYS FOR RELATOR
- CERTIFICATE OF SERVICE
- This is to certify that a true and correct copy of the foregoing document has been
forwarded to the following attorneys of record as follows on the _ day of December,
-
2010:
Julia F. Pendery Fifth Court of Appeals
- Julia F. Pendery, Attorney at Law
3030 LBJ Freeway, Suite 1630, LB 50
George L. Allen, Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75234 Dallas, Texas 75202
VIA FED-EX VIA FED-EX
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~el'#
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2
1211612009 4:44 PM SCANNED
NO. 380-54606-03
.,. IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
.,. DAVID FREDERICK CARY
§
§
AND § 3BOTH JUDICIAL DISTRICT
JENNIFER LYNN CARY §
§
AND IN THE INTEREST OF §
,. AND §
§
CHILDREN § COLLIN COUNTY, TEXAS
FINAL DECREE OF DIVORCE
-
On the undersigned date, the Court heard this case.
-
I
1. APPEARANCES:
. Petitioner, DAVID FREDERICK CARY, also referred to as
Husband and/or Father herein, appeared in person and/or
through his attorney of record, C. LUKE GUNNSTAKS, and has
agreed to the terms of this order as evidenced by the
...
signature of Petitioner below.
Respondent, JENNIFER LYNN CARY I also referred to as
-
Wife and/or Mother herein. appeared in person and/or
I
through her attorney of record, RICK ROBERTSON, and has
agreed to the terms of this order as evidenced by the
,. signature of Respondent below.
..
2. RECORD:
The making of a record of testimony was made by a
J
licensed Court reporter.
j (FINAL DECREE OF DIVORCE)
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..,.
..,.
3. JURISDICTION AND DOMICILE:
.,. The Court finds that the pleadings of Petitioner are
.,. in due form and contain all the allegations, information,
.,.
and prerequisites required by law. The Court, after
receiving evidence, finds that it has jurisdiction over
..,. this cause of action and the parties, and that at least 60
days have elapsed since the date that this suit was filed .
.,. The Court further finds that at the time this suit was
.,. filed, Petitioner had been a domiciliary of Texas for the
preceding six (6) month period and a resident of the county
.,. in which the sui t was filed for the preceding ninety (90)
day period. All persons entitled to citation were properly
cited.
.,. 4. JURY:
A jury was waived, and all questions of fact and of
law were submitted to the Court.
.,. 5. AGREEMENT OF PARTIES:
The Court finds that the parties have entered into a
j mediated settlement agreement regarding their divorce, and
finds that the terms contained herein are in the best
interest of the children. This Final Decree of Divorce is
stipulated to represent a merger of the mediated settlement
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agreement between the part ies. To the ext?~~~~p.f.~~~{e
'Q' .' 1'- .....~-)5.;X-
are any differences which exist betwee{*{~,(<{~~';;l
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(FINAL DECREE OF DIVORCE)
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.,
settlement agreement and this Final Decree of Divorce, this
Final Decree of Divorce shall control in all instances.
The Court further finds that the terms of the Mediated
Settlement Agreement are contained in this Order and the
.,. parties have ratif ied the agreement, by virtue of having
.,. approved this Order as to both form and substance. The
Court further finds that the Mediated Settlement Agreement
.,. and the terms of this order settle all claims and
.,. controversies between the parties, asserted or assertable,
in this case as of the date signed. To the extent
.,. permitted by law, the parties stipulate that the agreement
is enforceable as a contract. The Court approves the
agreement of the parties as contained in this Final Decree
.,. of Divorce and herewith adopts the agreements as the Orders
., of the Court in the interests of justice and fairness and
in the best interests of the children.
.,. 6. DIVORCE:
IT IS ORDERED AND DECREED that DAVID FREDERICK CARY,
Petitioner, and JENNIFER LYNN CARY, Respondent, are
,.
j
divorced and that the marriage between them is dissolved on
grounds of insupportability.
7. CHILDREN:
The Court finds that Petitioner and
parents of the following children:
(FINAL DECREE OF DIVORCE)
..,.
I
.,. ,.
NAME:
..., SEX: Female
BIRTHPLACE: Dallas, Texas
BIRTH DATE:
NAME:
SEX: Female
BIRTHPLACE: Dallas, Texas
BIRTH DATE:
The Court finds no other children of the marriage are
., expected .
8. CONSERVATORSHIP AND ACCESS:
.,. The Court, having considered the circumstances of the
parents and of the children, finds the following orders are
in the best interest of each chi ld:
and
A. Joint Managing Conservators:
IT IS ORDERED that DAVID FREDERICK CARY and JENNIFER
LYNN CARY are appointed parent Joint Managing Conservators
of the following children: and
B. Rights and Duties at All Times:
IT IS ORDERED that, at all times, DAVID FREDERICK CARY
and JENNIFER LYNN CARY, as parent Joint Managing
j
Conservators, shall each have the following rights, duties,
privileges, and obligations in regard to
parties:
j (FINAL DECREE OF DIVORCE)
I
I
. '.
~
.'
.,.
1. The right to receive information from any other
conservator of the children concerning the health,
.,.
I
i education, and welfare of each child;
2. The right to confer with the other parent to the
extent possible before making a decision concerning the
health, education, and welfare of each child, subject to
certain restrictions on the ability of each to make such a
decision in the absence of agreement as set forth
.,. hereinbelow;
3. The right of access to medical, dental,
.,. psychological, and educational records of each child;
4. The right to consul t with a physician, dentist,
or psychologist of each child:
5. The right to consult with school officials
concerning each child's welfare and educational status,
..
including school activities;
6. The right to attend school activities of each
J
child;
7. The right to be designated on each child's
records as a person to be notified in case of an emergency;
T 8. The right to consent to medical, dental, and
surgical treatment during an
,.
and
(FINAL DECREE OF DIVORCE)
.,.
.,.
.'
.,.
9. The right to manage the estate of each child to
the extent the estate has been created by that parent or
.,. that parent's family .
C. Rights and Duties During Periods of Possession:
.,. IT IS ORDERED that, during their respective periods of
possession, DAVID FREDERICK CARY and JENNIFER LYNN CARY, as
parent Joint Managing Conservators, shall each have the
.,. following rights and duties in regard to each child of the
parties;
1. The duty of care, control, protection, and
,. reasonable discipline of each child;
2. The duty to support each child, including
providing each child with clothing, food, shelter, and
medical and dental care not involving an invasive
procedure, subject to certain restrictions on the ability
of each to make such a decision in the absence of agreement
as set forth hereinbelow;
'T"
3. The right to consent for each child to medical and
dental care not involving an invasive procedure, subject to
certain restrictions on the ability of each to make such a
r decision in the absence of agreement as set forth
,.. hereinbelow;
4. The right to consent for
.,. dental, and surgical treatment
r (FINAL DECREE OF DIVORCE)
,.
,.
.,.
involving immediate danger to the health and safety of each
child;
5. The right to direct the moral and religious
training of each child; and
6. The duty to inform the other parent immediately
if a child is being taken to a hospital or other health
care provider for emergency care.
D. Other Rights and Duties of Petitioner:
,. IT IS ORDERED that DAVID FREDERICK CARY,
Joint Managing Conservator,
as a parent
shall have the following rights
,. and duties:
1. The right to consent to medical, dental, and
surgical treatment involving invasive procedures and to
,. psychiatric and psychological treatment of each child,
subject to agreement with the other parent; in the absence
of an agreement the decision of a tribunal shall serve as a
tie-breaker, as further detailed below.
2. The independent right to represent each child in
,. legal action and to make other decisions of substantial
legal significance concerning each child;
3. The independent right to consent to marriage and
to enlistment in the armed forces of the United States;
,.
I
(FINAL DECREE OF DIVORCE)
.,. "
4. The right, subject to the agreement of the other
.,. parent conservator, to make decisions concerning each
.,. child's education;
The independent right to the services and
.,.
5.
earnings of each child;
.,. 6. except when a guardian of a estate or a guardian
or attorney ad 1 item has been appointed for a child, the
.,. independent right to act as an agent of each child in
relation to that child I s estate if the child I s action is
required by a state, the United States, or a foreign
.,. government;
.,.
7. The duty to manage the estate of the children to
the extent the estate has been created by Father or his
family;
,.
8. The duty to inform the other parent if the parent
resides with for at least thirty days, marries, or intends
to marry a person who the parent knows is registered as a
sex offender under chapter 62 of the Code of Criminal
Procedure (as added by chapter 668, Acts of the 75th
Legislature, Regular Session, 1997) or is currently charged
with an offense for which on conviction the person would be
required to register under that chapter. IT IS ORDERED
that this information shall be tendered in
notice made as soon as practicable, but not
(FINAL DECREE OF DIVORCE)
·
.,.
'.
I
fortieth day after the date the parent begins to reside
.,. with the person or on the tenth day after the date the
marriage occurs, as appropriate. IT IS ORDERED that the
notice must include a description of the offense that is
.,. the basis of the person's requirement to register as a sex
offender or of the offense with which the person is
charged. WARNING: A PERSON COMMITS AN OFFENSE PUNISHABLE
.,. AS A CLASS C MISDEMEANOR IF THE PERSON FAILS TO PROVIDE
THIS NOTICE; and
9. The duty to make periodic child-support payments.
E. Other Rights and Duty of Respondent:
IT IS ORDERED that JENNIFER LYNN CARY, as a parent
T Joint Managing Conservator, shall have the following rights
,. and duty:
1. The right to consent to medical, dental, and
.,. ~urgical treatment involving invasive procedures and to
,. psychiatric and psychological
subject to agreement with the other parenti
treatment of each
in the absence
child,
of an agreement the decision of a tribunal shall serve as a
,. tie-breaker, as further detailed below.
2. The independent right to represent each child in
legal action and to make other decisions
j
,.
legal significance concerning each child;
(FINAL DECREE OF DIVORCE)
.,.
I
.. 3. The independent right to consent to marriage and
to enlistment in the armed forces of the United States;
•
4. The right, subject to the agreement of the other
parent conservator, to make decisions concerning each
child's education;
5. The independent right to the services and
earnings of each child;
.,. 6. except when a guardian of a estate or a guardian
or attorney ad litem has been appointed for a child, the
independent right to act as an agent of each child in
.,. relation to that child s I estate if the child s I action is
required by a state, the United States, or a foreign
government;
,.
I 7. The duty to manage the estate of the children to
the extent the estate has been created by Mother or her
family;
8. The duty to inform the other parent if the parent
resides with for at least thirty days, marries, or intends
to marry a person who the parent knows is registered as a
sex offender under chapter 62 of the Code of Criminal
Procedure (as added by chapter 668, Acts of the 75th
Legislature, Regular Session,
with an offense for which on
required to register under
(FINAL DECREE OF DIVORCE)
.,.
that this information shall be tendered in the form of a
notice made as soon as practicable, but not later than the
fortieth day after the date the parent begins to reside
with the person or on the tenth day after the date the
.,. marriage occurs, as appropriate. IT IS ORDERED that the
notice must include a description of the offense that is
the basis of the person's requirement to register as a sex
offender or of the offense with which the person is
charged. WARNING: A PERSON COMMITS AN OFFENSE PUNISHABLE
AS A CLASS C MISDEMEANOR IF THE PERSON FAILS TO PROVIDE
THIS NOTICE; and
,.
9. The exclusive right to receive and give receipt
for periodic payments for the support of the children and
,. to hold
children.
or di sburse these funds for the benef i t of the
.,. F. GEOGRAPHICAL RESTRICTION ON PRIMARY PHYSICAL RESIDENCE
.,.
AND DOMICILE OF THE CHILDREN:
The Court finds that, in accordance with section
153.001 of the Texas Family Code, it is the public policy
of Texas to assure that children will have frequent and
continuing contact with parents who have shown the ability
to act in the best interest of the children,
j
safe, stable, and nonviolent environment
and to encourage parents to share in the
(FINAL DECREE OF DIVORCE)
.,.
.,.
of raising their children after the parents have separated
or dissolved their marriage.
IT IS ORDERED AND DECREED that pursuant to Texas
Family Code §153.136, the primary residence of the children
.,. shall be restricted to and designated within as Collin
.,. County, Texas or Dallas County, Texas, and neither party
shall have the right to remove the children from Collin
.,. County, Texas or Dallas County, Texas for the purpose of
,. establishing
residence outside
or maintaining
the said
the
geographic
children's
area, save
primary
upon
further order of the Court or upon prior, express written
agreement of the parties to be filed with the Court.
IT IS ORDERED that this geographical restriction on
,. the residence of the children shall be lifted if, at the
time either parent wishes to remove the children from
Collin County, Texas or Dallas County, Texas for the
,.
I
purpose of changing the primary residence of the children,
the other parent does not reside in ColI in, County, Texas
or Dallas County, Texas.
G. 1. Access and Possession Schedule:
j"' a) With regard to this possession schedule agreed to
herein by the parties, the following definitions apply:
j
..,..
secondary school, the public school district in
which the children reside.
2. "Child" includes each child, whether one or
more, who is a subject of this suit while that
child is under the age of eighteen (18)' years and
not otherwise emancipated.
b) IT IS ORDERED AND DECREED that as Joint Managing
Conservators, Father and Mother shall each respectively
have possession of each child at times mutually agreed to
in advance by the parties, and, in the absence of mutual
agreement, it is ORDERED that each conservator shall have
.,. possession of each child under the specified terms as set
.,. forth on page 3, section 13 of the Mediated Settlement
Agreement, incorporated herein by reference effective
beginning July 12, 2004.
.,. c) IT IS ORDERED that Father shall have possession of
and access to the children each week beginning when school
.,. i~ dismissed on Monday until school is dismissed on
Wednesday, and if school is not in session then beginning
at 3:30 p.m. on'Monday until 3:30 p.m. on Wednesday.
d) IT IS ORDERED that Mother shall have possession of
"j'
and access to the children each week beginning when school
'T is dismissed on Wednesday until school is dismissed on
Friday, and if school is not in session
j
3:30 p.m. on Wednesday until 3:30 p.m. on
(FINAL DECREE OF DIVORCE)
,.
e) IT IS ORDERED that the parties shall alternate
weekend periods of possession with Father's first (1 st )
weekend beginning on July 16, 2004 beginning when school is
dismissed, and if school is not in session then beginning
at 3: 30 p.m. and IT IS ORDERED that Mother's first (lst)
.,. weekend shall begin on July 23, 2004 beginning when school
is dismissed, and if school is not in session then
.,. beginning at 3:30 p.m. For purposes of this order "weekend
.,. periods of possession" are defined as beginning on Fridays
when school is dismissed and ending on the immediately
following Monday when school is dismissed, and if school is
,. not in session, beginning on
ending on the immediately following Monday at 3:30 p.m.
Fridays at 3:30 p.m. and
f) IT IS ORDERED that beginning in 2005 and thereafter
T
tha t each party's extended sununer visi ta tion shall be as
follows:
1) Mother shall have possession of and access to
'j' the children each year from June 1 beginning
when school is dismissed, and if school is not
in session then beginning at 3:30 p.m.,
through June 16 at 3:30 p.m.; and July 1
'j
beginning when school is dismissed, and if
school is not in session then beginning at
3:30 p.m., through July 16 at 3:30 p.m.;
..,.
school is not in session then beginning at
3:30 p.m., through July 31 at 3:30 p.m.
g) IT IS ORDERED that each party's respecti ve
possession of and access of the children for Holidays
designated below shall be pursuant to the Texas Family Code
.. ,
standard
inclusive,
Possession Order, §§153.;311
and as specifically set forth below,
through 153.317,
for parties
,. residing within 100 miles, except that IT IS FURTHER
ORDERED that Spring Break pursuant to a Standard Possession
Order is deleted and shall be treated as per section G.,
number 1c and 1d respectively, hereinabove.
1) Christmas Holidays in Even-Nwnbered Years -
In even-numbered years, Father shall have
possession of and access of the children
beginning at the time the child's school is
regularly dismissed for the Christmas
vacation and ending at noon on December 26.
2) Christmas Holidays in Odd-Numbered Years
In odd-numbered years, Father shall have
i possession of and access of the children
beginning at noon on December 26 and ending
.,. at the time the children's school resumes
after that Christmas school vacation.
3) Thanksgiving in Odd-Nwnbered Years - In odd-
,.
numbered years, Father shall have possession
of and access of the children beginning at
the time school is dismissed on the day the
children are dismissed from school for the
Thanksgi ving holiday and ending at the time
--
the school regular ly resumes. "11 1111 '"""",,
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4) Easter Weekend in Odd-N " .' ar'$~A In
odd-numbered years, Fa~~e{- . .;: .. ····\~ve
j possession of and access ~~o~ $~~ildj:-en I
beginning at the time SCh06~.~S !JYsrr:::..(~.~T1 on
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the day the children are dismissed from
school for the Easter holiday, and ending at
the time school regularly resumes after the
holiday .
.,. 5) Children's Birthday If Father is not
otherwise entitled under this Standard
.,. Possession Order to present possession of
the children on the children's birthday,
Father shall have possession of the children
- j
beginning at 6:00 p.m. and ending at 8:00
p.m. on that day, provided that Father picks
up the children from Mother's residence and
- ,
6)
returns the children to that same place.
Father' s Day Weekend - Each year, beginning
-
at 6:00 p.m. on the Friday preceding
I
Father's Day and ending at 6:00 p.m. on
Father's Day, provided that if Father is not
otherwise entitled under this Standard
Possession Order to present possession of
the children, he shall pick up the children
from Mother's residence and return the
children to that same place.
T
7) Christmas Holidays in Odd-Numbered Years
In odd-numbered years, Mother shall have
i
..
possession of and access of the children
beginning at the time school is dismissed on
the day the children are dismissed from
I school for the Christmas school vacation and
ending at noon on December 26.
T 8) Christmas Holidays in Even-Numbered Years -
In even-numbered years, Mother shall have
possession of and access of the children
beginning at noon on December 26 and ending
at the time the children's school resumes
after that Christmas school vacation.
9) Thanksgiving in Even-Numbered Years In
even-numbered years, Mother shall have
children
possession of and access of the \\,l\I~tITiII"1
j
beginning at the .time school i~ ~~\~~~~~"~.r
the day the chlldren are dl,~'!!fP..~serA ··f.~~-=:.
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schC;>0l for the ?hanksgi ving f<H;61i.¥~,-. ~? .~
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endlng at the tlme the sch~~~~,~'\l~:arly-l' ~
resumes. \0\ A};>~\,.\<!{Jj
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IFINAL DECREE OF DIVORCE) ",{tl.liV"CD;;.<. ~'~·
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10) Easter Weekend in Even-Numbered Years - In
even-numbered years, Mother shall have
possession of and access to the children
beginning at the time school is dismissed on
the day the children are dismissed from
school for the Easter holiday, and ending at
the time school regularly resumes after the
holiday.
11) Children's Birthday If Mother is not
.,. otherwise entitled under this standard
Possession Order to present possession of
the children on the children's birthday,
Mother shall have possession of the children
beginning at 6: 00 p.m. and ending at 8: 00
p.m. on that day, provided that Mother picks
.,. up the children from Father's residence and
returns the children to that same place .
12) Mother's Day Weekend - Each year, beginning
at the time school is dismissed on the
Friday preceding Mother's Day and ending at
.,. ,
6:00 p.m. on Mother's Day, provided that if
she is not otherwise entitled under this
Standard Possession Order to present
possession of the children, she shall pick
up the children from Father's residence and
T return the children to that same place.
2. Further General Terms and Conditions:
Except as otherwise expl ici tly provided in this
Agreed Possession Order, the terms and condi tions of
possession of each child that apply regardless of the
-
distance between the residence of a parent and each
child are as follows:
,.
J
a) Surrender of Child by Mother - Mother is ORDERED to
surrender each child to Father at the beginning of
each period of Father's possession at the school of
each child at the time school is dismissed, and if
,. I
school is not in session Mother is ORDERED to
surrender each child to Father at the ~~~j,,n,oing of
A·····
each period of Father's possession at ,,~~~1~i:~.4t,:,poor
of her residence. _-'c,) .... "'>",
,.
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.,.
b) Surrender of Child by Father - Father is ORDERED to
surrender each child to Mother at the beginning of
each period of Mother's possession at the school of
each child at the time school is dismissed, and if
.,. school is not in session Father is ORDERED to
surrender each child to Mother at the beginning of
each period of Mother's possession at the front door
of his residence.
-
c) Personal Effects Each conservator is ORDERED to
return with each child the personal effects that each
, child brought at the beginning of the period of
possession.
-r
,
d) Designation of Competent Adult - Each conservator may
designate any competent adul t to pick up and return
each child, as applicable. IT IS ORDERED that a
conservator or a designated competent adult shall be.
present when each child is picked up or returned.
e) Inability to Exercise Possession - Each conservator is
ORDERED to give advance wri tten notice to the person
in possession of each child on each occasion that the
conservator will be unable to exercise that
conservator's right of possession for any speci fied
period.
"
f) Written Notice Written notice shall be deemed to
have been timely made if received or postmarked before
or at the time that notice is due.
,.
g) Notice to School and the Other Party - I f a party's
time of possession of each child ends at the time
school resumes and for any reason each child is not or
will not be returned to school, that party shall
immediately notify the school and the other party that
each child will not be or has not been returned to
school.
h) Right of First Refusal - Each parent shall have the
,
mutual first right of refusal in the event the parent
,
in possession shall not be in actual possession of the
children for a period of four (4) hours o~\I'lm(j).r;~, and
in connection therewith, each party ~~~'~~"", to
I
notify the other party, a.s ~ar in adva~{s.;'...c(s ~rac'E:?.R.~l
and/or as soon as poss1ble 1n each suc~ ~~~:- q..t,ct~ ....
to afford reasonable notice to that petty .~~:eSilrci~s~
such an option on each such occasion h~~fti:f..;~~\ :;;1
...
-:., ='(\ •••.• it/' -."\ . .~;;:::
-:',0 ..... ~
I
. . ",q .......... -.-.......~'-/':",--
. I~, ~".,
(F1I~AL DECREE OF D! VORCE I "" (ltv CO'S;..;. \ ""
"III,"III"It\t'~\,\\\\
18
- 3. Duration:
....
. The periods of possession ordered herein shall apply
.,. to each child the subj ect of this sui t while that
child is under the age of eighteen years and not
otherwise emancipated, effective beginning at 3:30
.. I
p.m. on July 12,
until 3:30 p.m.
2004,
on
for Father's Monday possession
Wednesday, July 14, 2004, for
Mother's Wednesday possession, with all non-holiday
times of exchange to occur at 3:30 p.m. unless
otherwise agreed.
9. MEDIATION OF FUTURE DISPUTES:
IT IS ORDERED that before any party f ilea sui t for
modification of the terms and conditions of
conservatorship, possession, or support of the children,
except in an emergency, that party shall attempt to mediate
in good faith the controversy as provided in chapter 153 of
,. the Texas Family Code. This requirement does not apply to
,
actions brought to enforce this Final Decree of Divorce or
to enforce any subsequent modifications of this decree. In
the absence of agreement to the contrary, such mediation
shall occur with an agreed mediator, whose costs shall be
.- J
divided equally between the parties and prepaid .
j (FINAL DECREE OF DIVORCE)
...
J
.,.
-
10. CHILD SUPPORT:
A. IT IS ORDERED that DAVID FREDERICK CARY shall pay
child support to JENNIFER LYNN CARY, as follows: $500.00
per month, with the first payment being due and payable on
the 1 st day of the first month after entry of this Final
Decree of Divorce, and a like payment being due and payable
.,..
monthly on the 1 at day of each month thereafter for the
support of the parties' children, until the first month
following the date of the earliest occurrence of one of the
events specified below:
1. Any child reaches the age of eighteen years or
..
graduates from high school, whichever occurs later,
subj ect to the provisions for support beyond the age
of eighteen years set out below;
,
2. Any child marries;
3. Any child dies;
4. Any child's disabilities are otherwise removed
for general purposes; or
-
J
5. Further order modifying this child support.
B. Thereafter, unless modif ied by further order, IT IS
ORDERED that DAVID FREDERICK CARY shall pay child support
to JENNIFER LYNN CARY in the amount of $400 per month,
continuing on the 1 st day of each month immediately
following the date of the earliest occurrence of one of the
j events specified above for the other child.
If the children are eighteen years of age and either
....
J or both children have not graduated from high school, IT IS
ORDERED that Father's obligation to pay chi~,9\\\t~~~Q).r,r~ to
Mother -shall_ not terminate but shall conti~~~~··· ..a~~~ng
as the children (or child, as the case may ~~.."" arEfr~enit:(l-1:~d
- f*/~rl~\~~
~ \ f/~>7'- ~~~\ ) ~¥ ~
~~\""" ........ ' \</.;/./20 . ----lS;
(FINAL DECREE OF DIVORCE)
...... ...
"" q.:::............ _ :::;.,.J \,--
-:", ("I
""'
fll
IN CO~~ \ \~~~..,-
Illt""IlIU"\\\\\
- 1. under chapter 25 of the Texas Education Code in
an accredited secondary school in a program leading toward
a high school diploma or under section 130.008 of the
Education Code in courses for joint high school and junior
.,. college credit and are complying with the minimum
attendance requirements of subchapter C of chapter 25 of
the Education Code or
• 2. on a full-time basis in a private secondary
school in a program leading toward a high school diploma
and are complying with the minimum attendance requirements
..
imposed by that school.
B. Withholding From Earnings:
,
IT IS ORDERED that any employer of Father shall be
.,. ordered to withhold from earriings for chi ld support from
the disposable earnings of Father for the support of the
..
children.
,
IT IS FURTHER ORDERED that all amounts withheld from
,
the disposable earnings of DAVID FREDERICK CARY by the
employer and paid in accordance wi th the order by that
employer shall constitute a credit against the child
support obligation. Payment of the full amount of child
T support ordered paid by this order through the means of
withholding from earnings shall discharge the child support
,.
obligation. If the amount withheld from earnings and
credited against the child support obligation is less than
one-hundred percent (100%) of the amount ordered to be paid
•
.1
by this order, the balance due
DAVID-FREDERICK CARY and it
I..
)
(FINAL DECREE OF DIVORCE)
...
Child Support Disbursement Unit, P.O. Box 659791, San
... Antonio, Texas 78265-9791.
C. Order to Employer:
On this date the Court signed an Order to Withhold
... Income for Child Support. IT IS ORDERED AND DECREED that
all payments by Father under the terms herein shall be made
to the Texas Child Support Disbursement Unit, P.O. Box
.,..
I
659791, San Antonio, Texas 78265-9791 and shall then be
remitted by that agency to JENNIFER LYNN CARY for the
support of the child. IT IS FURTHER ORDERED that DAVID
- FREDERICK CARY shall pay all fees
Payments shall be identified with the name of the obligor,
charged by that agency.
obligee, and cause number.
IT IS ORDERED that, on the request of a prosecuting
attorney, the attorney general, the title IV-O agency, the
friend of the Court, a domestic relat ions off ice, Mother,
,. Father,
clerk of
or
this
an attorney
Court shall
representing
cause a
Mother
certified
or Father
copy of
the
any
applicable Employer's Order to Withhold from Earnings for
,. Child
Obligor.
Support
IT
to
IS
be
FURTHER
delivered
ORDERED
to
that
any employer
the clerk
of
of
the
this
- ,
The Court finds that the part ies have agreed that no
order to withhold from earnings for child support should be
delivered to any employer of DAVID FREDERICK CARY as long
as no delinquency or other violation of this child support
order occurs. For the purpose of this provision, a
.,. del inquency has occurred if DAVID FREDERICK CARY has been
in arrears for an amount due for more than thirty days or
... 1
the amount of the arrearages equals or is greater than the
amount due for a one-month period. If a delinquency or
other violation occurs, the clerk shall deliver the order
.,
.1
to withhold earnings as provided above .
ACCORDINGLY, IT IS ORDERED that, as long as no
delinquency or other violation of this child support order
occurs, all payments shall be made through Texas Child
Support Disbursement Unit, P.O. Box 659791, San Antonio,
Texas 78265-9791, and thereafter promptly remitted to
Mother for the support of the children. If a delinquency or
,
other violation occurs, all payments shall be made in
accordance with the order to withhold earnings as provided
above.
,
T D. Support as Obligation of Estate:
i IT IS ORDERED that the provisions for child supDort in \\(1,,,11111 1,,,
",\\\\\,CT C "111111
this decree shall be an obligation of the est~DA~W}'
... ::Q" \
f /
'.'-:'
h~"""~
,.
J FREDERICK CARY and shall not terminate on ~~ ~.lJ£-of~··'~
\ \ .:r;:;g
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~ "f~'
\~"'"
-:., 0···..
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~~.-<,,-,,,,
(FIt;1\L DECREE OF DIVORCE) ""{~2'Iii;""'-"'--'~~"'"
"ll c~\\
...
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.,.
...
DAVID FREDERICK CARY. Payments received prior to or
subsequent to the death of DAVID FREDERICK CARY for the
benefit of the children from the Social Security
Administration, Department of Veterans Affairs, other
government agency, or life insurance shall be a dollar-for-
dollar offset credit against this obligation .
.,. It is further ORDERED that DAVID FREDERICK CARY shall
notify this Court and JENNIFER LYNN CARY by U.S. Certified
Mail, return receipt requested, of any change of address
and of any terminations, change, or commencement of
employment, consulting agreements, or board positions.
This notice shall be given no later than seven days after
• the change of address, or change, termination, or
.,. commencement of employment,
positions.
consulting agreements or board
This notice or a subsequent notice shall also
provide the current address of DAVID FREDERICK CARY and the
-
name and address of his current employer, whenever that
I
information becomes available.
E. Insurance:
IT IS ORDERED and the parties agree that each parent
shall purchase and maintain in full force and effect a one
million dollar ($1,000,000.00) life insurance policy which
designates the parties' children
parent shall choose for his
.,.. (FINAL DECREE OF DIVORCE)
.,.
beneficiaries, in effect not later than April I, 2005. The
parties agree, and it is therefore ORDERED, that this
provision shall remain in effect, and the life insurance
policies as set forth herein shall be required for as long
as child support is payable under the terms of this Final
.,. Decree of Divorce .
are required to produce
It is further ORDERED that the parties
to the requesting parent, within
thirty (30) days after receiving written request, written
.,.
proof from the life insurance company confirming coverage
required pursuant to this Final Decree of Divorce.
,. 11. HEALTH CARE:
IT IS ORDERED that Father and Mother are each ORDERED
to provide medical support and health insurance coverage
for each child the subject of this suit as additional child
support for as long as the Court may order Father to
,. provide support for the child under sections 154.001 and
154.002 of the Texas Family Code. Beginning on the day
Father~s obligation to support the children under sections
154.001 and 154.002 of the Family Code terminates, IT IS
ORDERED that Father and Mother are discharged from the
,.
obligations set forth in this medical support order, except
.,.
I
,. (FINAL DECREE OF DIVORCE)
,.
I
• health insurance coverage for each child as set out in this
order and shall furnish proof of such support and coverage
to the other parent within 72 hours of receipt of a written
request to so furnish.
.,. 1. Definitions-
.,.
"Heal th insurance" means insurance coverage that
provides basic health-care services, including usual
physician services, of fice visi ts, hospi tal i zation,
.,.
prescriptions, dental and opthamological care, and
laboratory, X-ray, and emergency services, that may be
provided through a health maintenance organization or other
private or public organization, other than medical
.,. assistance under chapter 32 of the Texas Human Resources
Code.
"Reasonable and necessary health-care expenses not
paid by insurance and incurred by or on behalf of a child"
include, without limitation, any co-payments for office
.,. visits or prescription drugs, the yearly deductible, if
any, and medical, surgical, prescription drug, mental
health-care services, dental, eye care, ophthalmological,
,. and orthondontic charges. These reasonable and necessary
health-care expenses do not include expenses for travel to
and from the health-care provider or for nonprescription
medication.
"Furnish" means:
A. to hand deliver the document by a person
eighteen years or older either to the
recipient or to a person who is eighteen
years or older and permanently resides with
the recipient;
... B. to deliver the document to the recipient by
certified mail, return receipt requested, to
,.
J
the recipient's last known mailing or
residence address; or
\\",,111 0 ""1
C. to deliver the document to the rj-~"b..~q,11."",
the recipient '8 last known '~ -o."'~~.
residence address usi~g any ~er~~/ or .. i)J;~9\1:~
whose principal bus~ness ~s :*ih ",:bf' a\ =
\~~ t>~\lQ\ J.c:;}
"j (FINAL DECREE OF DIVORCE) X.R),·....... A4,~/
""1, f.(I.~ ;~~\' .../
"/~lI:~~~ .."
courier or deliverer of papers or documents
either within or outside the United States.
2. Obligations of Each Conservator -
.,. 1. IT IS ORDERED AND DECREED that DAVID FREDERICK
CARY shall maintain heal th insurance for the children at
his sole cost and expense, as additional child support,
.,. until the children reach the age of 18 years or are
otherwise emancipated, whichever occurs first.
2. The decision to incur health care expenses for
.,. the benefit of each child shall be made by the party in
possession of the child at the time such health care
expenses are incurred. Reasonableness of the charges shall
be presumed upon presentation of the bill. Disallowance of
the bill by a health insurer shall not excuse the
obligation of each parent to make payment.
...
.J
costs
3.
for
Each party shall pay the co-payor prescription
each child named herein during each party's
respective period of possession of each child, subject to
terms of reimbursement as set forth herein.
4. The pol icy- holding parent is ORDERED and DECREED
to furnish a copy of any health insurance card to the other
parent within two weeks of receipt of same.
,. such major medical and health
(FINAL DECREE OF DIVORCE)
..,.
certificate and schedule of benefits wi thin fifteen (15)
days following the signing of these Final Orders. The
.,. policy-holding parent is also ORDERED and DECREED to
furnish to the other party a copy of any renewals of,
-, changes to, or discharges of that insurance policy within
fifteen (15) days after the issuance of the renewal or
change.
6. The policy-holding party is ORDERED and DECREED
.,.
to furnish to the other party within ten (10) days after
written request from the non-pol icy-holding parent any
claim forms necessary to effect and make a claim for
medical and hospitalization benefits, and the policy-
holding party is ORDERED to complete the claim form within
.,. ten (10) days after receipt and is ORDERED to forward the
claim within three (3) days to each insurance company
providing coverage for the child.
7. The policy-holding party is designated a
constructive trustee to receive any insurance payments and
.,.
,
any accompanying explanation of benefits forms and is
,. ORDERED to endorse and forward to the other parent within
three (3) days of receipt of any specific insurance checks
or payments and explanation of benefits
the policy-holding party designated
,. (FINAL DECREE OF DIVORCE)
.,.
reimbursement for eligible medical expenses incurred by the
non-policy-holding parent.
8. Each parent is ORDERED to furnish to the other
.,.
parent copies of all statements of bills for such health
care expenses, and that other parent is ORDERED to pay the
.,. statement and bills within ten (10)
explanation of benefits form from the appropriate insurance
days of receipt of an
carrier either by paying the health care provider directly
.,.
or by reimbursing the parent who has paid for any advance
payment over and above the fifty percent (50%) share of the
uninsured health care expenses.
9. (A) IT IS FURTHER ORDERED AND DECREED that if
health insurance coverage for the children is provided
through a health maintenance organization (HMO) or
preferred provider organization (PPO), the parties are
ORDERED to use health-care providers who are employed by
the HMO or approved by the PPO whenever feasible. If
health-care expenses are incurred by using that HMO or PPO
plan, DAVID FREDERICK CARY is ORDERED to pay fifty percent
(50%) and JENNIFER LYNN CARY is ORDERED to pay fifty
percent (50%) of all reasonable and necessary health-care
expenses not paid
,.
of the parties'
,.
any co-payments
,.
(FINAL DECREE OF DIVORCE)
''I''"
the yearly deductible, if any, and medical, surgical,
prescription drug, mental health-care services, costs of
physical therapy and expenses incurred related to treatment
of or expenses reasonably related to any disability of any
.,.. disabled child of the parties, dental, eye care,
ophthalmological, and orthodontic charges, for as long as
.,..
child support is payable under the terms of this decree.
,.. (B) If a party incurs health-care expenses for a
child by using the services of health-care providers not
.,.. employed by the HMO or approved by the PPO, except in an
emergency, without the written agreement of the other
party, the party incurring the services is ORDERED to pay
,. one-hundred (100%) of all reasonable and necessary health-
.,. care expenses not paid by insurance and incurred by or on
behalf of the parties' child, as set out above.
(C) If a party incurs health-care expenses for a
child by using the services of health-care providers not
employed by the HMO or approved by the PPO in an emergency
or with the written agreement of the other party, the party
-
incurring the services is ORDERED to pay fifty percent
J (50%) and the other party is ORDERED to pay fifty percent
(50%) of all reasonable and necessary health-care expenses
not paid by insurance and incurred by or
parties' child, as set out above.
(FINAL DECREE OF DIVORCE)
(D) If the children are enrolled "in a health-care
plan that is not an HMO or a PPO, DAVID FREDERICK CARY is
ORDERED to pay fifty percent (50%) and JENNIFER LYNN CARY
is ORDERED to pay fifty percent (50%) of all reasonable and
.,. necessary heal th- care expenses not paid by insurance and
incurred by or on behalf of the parties' children,
or-
including, without limitation, the yearly deductible, if
any, and medical, surgical, prescription drug, mental
,. health-care services,
and orthodontic charges,
dental,
for
eye
as long as
care, ophthalmological,
child support is
payable under the terms of this decree.
(E) This provision shall not be interpreted to
include expenses for:
1. travel to and from health care provider;
r
2. nonprescription medication;
3. care by unlicensed health professionals; or
4. elective non-emergency surgical expense not
r
approved in advance by each party.
(F) IT IS FURTHER ORDERED that all statements for
medical expenses not paid by insurance shall be submitted
to the other parent within forty-five (45) days of denial
of the insurance claim.
j
j
j (FINAL DECREE OF DIVORCE)
OF DENIAL OF THE INSURANCE CLAIM for expenses incurred
.,. after date of entry of these orders only.
.,. 12. INFORMATION REGARDING PARTIES AND THE CHILDREN:
The information required for each party by section
105.006(a) of the Texas Family Code is as follows:
.,. Name: DAVID FREDERICK CARY
Social Security number:
Current residence address: ,
Mailing address:
Home telephone number:
Name of present employer: Not Applicable
Address of employer: Not Applicable
.,. Work telephone number: Not Applicable
Name: JENNIFER LYNN CARY
Social Security number:
Current residence address:
Mailing address:
,. Home telephone number:
Name of present employer: Jennifer Cary Designs, Inc.
Address of employer: , Plano, Texas 75093
,. Work telephone number:
Name:
(972) 608-0856
,.
Social Security number:
respective addresses of
Father and Mother above
,. Mailing address: See respective addresses of Father and
Mother above
Home telephone number: See respective addresses of Father
and Mother above
Name:
Social Security number:
respective addresses of
Father and Mother above
Mailing address: See respective
Mother above
Home telephone number: See respective
j
and Mother above
(FINAL DECREE OF DIVORCE)
.,.
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
.,.. NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF
EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE
NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED
,.
CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN
OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE,
THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF
.,. THE CHANGE •
,.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER
PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS
LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN
OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION
.,. OF OR ACCESS TO A CHILD •
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY
RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER,
INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE
PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A
T FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
.,.
FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS •
Notice shall be given to the other party by delivering
T a copy of the notice to the party by registered or
certified mail, return receipt requested. Failure to
accept certified mail shall not be a defense to lac]< of
"
notice. Notice shall be given to the Court by delivering a
copy of the notice either in person to the clerk of the
'~="J;h<4
Court or by registered or certified mail addre:,~~~.~~__ .~~i:-$)'"
j
clerk. Notice to the state case registry Shaf~"-"'be_Avei1~(~\
~*f ~.:.;., :;-- ",,?,Y ~-'.:~
according to procedures for notification publtsr\ed "ID"YF\he j' 5
j \~2}~'.i~"'~·'· ·:~\.i~/
(FINAL DECREE OF DIVORCE) ",,;.(1. ---'-----:Al3.._'"
"'-" 'tv COU\'l\~"'"
OlttJllltfHtt\'\\\\
,..
.,.
title IV-D agency under section 105.006 (g) and chapter 234
of the Texas Family Code.
,.. 13. WARNINGS TO PARTIES:
,.
EACH PARTY WHO IS A PARTY IN THIS DECREE IS ORDERED TO
NOTIFY THE OTHER PARTY AND THE CLERK OF THIS COURT WITHIN
TEN DAYS AFTER THE DATE OF ANY CHANGE IN THE PARTY'S
CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE
NUMBER, NAME OF EMPLOYER, ADDRESS OF PLACE OF EMPLOYMENT,
OR WORK TELEPHONE NUMBER. THE DUTY TO FURNISH THIS
INFORMATION TO THE OTHER PARTY AND THE CLERK OF THE COURT
CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER OR
DECREE, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR IS
ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE TO
,. OBEY THE ORDER OF THIS COURT TO PROVIDE THE CLERK WITH THE
CURRENT MAILING ADDRESS OF A PARTY MAY RESULT IN THE
ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT
PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING
AT AN ADDRESS OF RECORD.
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR
POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY
CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO
; $500.00 FOR EACH VIOLATION, AND A MONEY JUDGEMENT FOR
,.
PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO
THE PLACE AND IN THE .MANNER REQUIRED BY A COURT ORDER MAY
RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE
j PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT
JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR
ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION
OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY
COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
i
,. UNLESS APPROVED BY THE COURT IN WRITING, AGREEMENTS
BETWEEN THE
CONTRARY TO,
PARTIES REGARDING CHILD
OR IN MODIFICATION OF,
SUPPORT WHICH ARE
THE COURT'S ORDERS
HEREIN SHALL NOT BE RECOGNIZED BY THE COURT AND S~~~~"
BE A DEFENSE TO-A--MOTION FOR CONTEMPT ALLEGING __~~. ··-·.f~?>,,-;.
~
PAY CHILD SUPPORT AS HEREIN ORDERED. /Q. ./ ~~ . .;:... . \
-
I
m.~ """ 0' o,w.e" \:(jiC~)
'-:.,Cl.:.--.........
:;~4;, - . - . '--
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.,.
'F;·(~fr~l.lt/ CCU\!\\~ . ."
'{'rilflhlltllt,~\l\'\'"
.,..
14 • NOTICE TO PEACE OFFICERS:
.... NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:
YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF
CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO
.,.. RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S
AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY
CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD
FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES
IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD
CUSTODY. ANY PERSON WHO KNOWINGLY PRESENT FOR ENFORCEMENT
AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN
OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR
AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.00.
15. DIVISION OF MARITAL ESTATE:
The Court finds that the following is a just and right
r
division of the parties' marital estate, having due regard
for the rights of each party and the children of the
marriage.
A. Property to Husband:
r IT IS ORDERED AND DECREED that the husband, DAVID
FREDERICK CARY, is awarded the following as his sole and
separate property, and the wife is divested of all right,
title, interest, and claim in and to that property:
r
H-l. All household furniture, furnishings, fixtures,
goods, art obj ects, collectibles, appliances, and
equipment in the possession of the husband or subject
'j
to his sole control, except as specifically awarded to
r wife herein, to the extent disclosed
in each respective party's sworn
r Appraisement, unless otherwise provided
(rINAL DECREE or DIVORCE)
-
- H-2. All clothing, jewelry, and other personal effects
in the possession of the husband or subj ect to hi s
sole control, to the extent disclosed in discovery or
in each respective party's sworn Inventory and
Appraisement, unless otherwise provided for herein.
.. H-3. All sums of cash in the possession of the husband
or subject to his sale control, including funds on
deposit, together with accrued but unpaid interest, in
banks, savings institutions, or other financial
..
institutions, which accounts stand in the husband's
sole name or from which the husband has the sole right
to withdraw funds or which are subject to the
,.. husband's sale control, to the extent disclosed in
,.. discovery or in each respective party's sworn
Inventory and Appraisement, unless otherwise provided
,. for herein.
,.. H-4. All sums, whether matured or unmatured, accrued
or unaccrued, vested or otherwise, together with all
I
~
increases thereof, the proceeds therefrom, and any
other rights related to any profit-sharing plan,
retirement plan, Keogh plan, pension plan, employee
stock option plan, 401(k) plan,
accrued
benefits
(fINAL DECREE OF DIVORCE)
,.
present, or future employment, unless otherwise
provided for herein.
H-S. All individual retirement accounts, simplified
employee pensions, annuities, and variable annuity
life insurance benefits in the husband's name or
arising out of his past, present, or future
T
employment, unless otherwise provided for herein.
,. H-6. All policies of life insurance (including cash
,. values) insuring the husband slife,
provided for herein.
I unless otherwise
H-7. The automobile (2004 Acura MDX) , VIN
2HNYD1893414S14002, in the husband's possession,
together with all prepaid insurance, keys, and title
documents.
H-B. All applicable unused tax carry-forwards and AMT
credits.
H-9. The firearms collection and book collection.
,
H-10. Fifty percent (50%) of the i2 Technologies stock
accumulated during the parties' marriage as
specifically detailed in the Mediated Settlement
Agreement, and incorporated herein by reference and
also described herein under section 15 (B) (W-12), and
One Hundred percent (100%) of the
j stock accumulated prior to marriage.
j (FINAL DECREE OF DIVORCE)
I
~
.,.
H-ll. Fi fty percent (50%) of the following:
Battery Ventures VI, L.P.; octane Capital Fund I,
L.P.; T.L. Ventures V, L.P.; Neon Systems, Inc.;
r:rr L... p.
Viridian Ventures; and Factory Logic, Inc., along with
and subject to fifty percent (50%) of any liability
thereon, whether such interests herein consist of
stock, restricted stock, outstanding options to
purchase shares of stock in each entity, limited
partnership interests, or other interests.
H-12. The Morgan Stanley accounts, subject to any
I
~ debt thereon (after children and wife's portion
described as set out herein has been distributed).
H-13. One-half (1/2) of the 2003 Internal Revenue
Service Refund.
H-14. The Buffalo Bill framed poster.
H-15. His great-grandmother's gold coin from prior to
- the civil war to the extent it can be found.
..
.'J
H-16. Two whi te bibles inscribed by Husband for the
, children (twins) on their baptism, if found .
.,. H-17. Husband's daughter Jessalee's quilt, if found .
H-18. Accu Tek .38 caliber pistol, serial number
j
H-21. Venetian glass pitcher and eight (8) glass set .
.,. H-22. One (1 ) suit-case at Prestonwood Luggage,
subject to any debt thereon.
H-23. The Cary Atlas.
H-24. One-half (1/2) the children's clothing, toys and
possessions; the parties are ORDERED to so divide such
clothing, toys, and possessions in existence as of
.,. July 9, 2004, as soon as practical thereafter .
.,. H-25. One-half (1/2) of the funds on deposit with Bank
of America, the balance to be split equally and the
account divided and liquidated wi thin ten (10) days
.,.
following the date of entry of this order .
H-26. One-half (~) of any and all proceeds received
from any class action suits filed in relation to any
stocks accumulated during the marriage by the parties.
It is further ORDERED that the party who receives any
funds pursuant to this section shall act as a
,.
constructi ve trustee for the other party's portion,
and shall tender all sums owing to the other party
within 3 days of receipt of same, along with a copy of
;-
any and all documentation received in relation to the
settlement and proceeds received as a result
,. therefrom.
,.
(t!HP~ DEC~E£ or DIVO~CE!
I
L
H-27. Any assets not disclosed in a party's sworn
Inventory and Appraisement or through discovery and
not divided herein or in the Mediated Settlement
Agreement, incorporated herein by reference, are
awarded to the party not in possession (this does not
., include personalty, furnishings, jewelry defined as
personal jewelry not intended for resale, etc., and is
intended to include bank accounts, investments, etc.).
., H-28. The Stonebriar Club Membership .
H-29. The Dallas Gun Club Membership.
H-30. One-half of the proceeds from the sale of the
., Barton
received
Creek
by
Club
either
Membership;
party, the
if
party
the proceeds
receiving
are
such
proceeds shall hold the other party's hal f in trust,
to be disbursed to the other party within 72 hours of
receipt of same.
H-31. One-half of the undivided interest in the
.,
Arboretum membership.
H-32. The brass plaque previously gifted by his ex-
,. wife.
,.
H-33. All wood-craft ornaments.
H-34. The framed art co;nmernorating the birth of the
children, in relation to the child
Cary.
'r : F! I~AL DECREE Of 01 VOf<CE:
.
I
.,.
H- 35. In regard to the existing Family photographs,
.,.
Husband shall view all photos and uniquely mark those
... photos which he wishes to have. Those family pictures
marked only by Husband are awarded to Husband. Those
.,. family pictures marked by both Husband and Wife shall
.,. be copied, using negatives when possible. Upon
completion of duplication, the parties, by alternate
.,. selection, shall chose one by one until dissemination
is completed. Parties choosing the original are
entitled to the respective negatives. Cost of the
reproduction shall be equally shared.
B. Property to Wife:
IT IS ORDERED AND DECREED that the wife, JENNIFER LYNN
CARY l i s awarded the following as her sole and separate
property, and the husband is divested of all right, title,
interest, and claim in and to that property:
W-l. All household furniture, furnishings, fixtures,
goods, art obj ects, collectibles, appliances, and
equipment in the possession of the wife or subject to
her sole control, to the extent disclosed in discovery
r
or in each respective party's sworn Inventory and
Appraisement, unless otherwise provided for herein.
W-2. All clothing, jewelry, and other pers~t\f~.~I:&:a;f;'s..
in the possession of the wife or subjecl1~~~~·~:Y.f\
\~"ji!J":\'i!i)
- -t.. """ ... ,. .-'7 . '" -
(FINAL D£C~EE OF DIVO~CEI
"';,,~''''''-- __ ..<:., . t,
""/~/ftl C(}.\J:"\\ ~~ :..",.
I ,t:l:lJt'IUlUI';'\)\\\"
P.
control, to the extent disclosed in discovery or in
each respective party's sworn Inventory and
Appraisement, unless otherwise provided for herein.
W-3. All sums of cash in the possession of the wife or
subject to her sole control, including funds on
,. deposit,
banks,
together with accrued but unpaid interest, in
savings institutions, or other financial
.,. institutions, which accounts stand in the wife's sale
name or from which the wife has the sale right to
withdraw funds or which are subject to the wife's sale
control, to· the extent disclosed in discovery or in
each respective party's sworn Inventory and
-
I Appraisement, unless otherwise provided for herein.
W-4. All sums, whether matured or unmatured, accrued
or unaccrued, vested or otherwise, together with all
.,. increases thereof, the proceeds therefrom, and any
.,. other
retirement
rights related
plan, Keogh
to
plan,
any profit-sharing
pension plan,
plan,
employee
stock option plan, 40l(k) plan, employee savings plan,
j'"
accrued unpaid bonuses, disability plan, or other
j benefits existing by reason of the wife's past,
present, or future employment,
j
provided for herein.
j
j (FINAl- DECREE Of DIVORCE]
W-S. All individual retirement accounts, simplified
employee pensions, annuities, and variable annuity
life insurance benefits in the wife's name or arising
out of her past, present, or future employment, unless
otherwise provided for herein.
W-6. All policies of life insurance (including cash
,.
values) insuring the wife's life, unless otherwise
provided for herein.
.,. W-7. The automobile (2004 Lexus GX 470) , VIN
JTJBT20XS40030624, in the wife's possession, together
with all prepaid insurance, keys, and title documents.
,. w- 8.
refund.
One-hal f the 2003 Internal Revenue Service tax
W-9. The business known as Jennifer Cary Designs Inc.,
a/k/a Jennifer Cary Designs and the business known as
Romantic Resources, including but not limi ted to all
furniture, fixtures, machinery, equipment, inventory,
cash, accounts receivable and accounts previously
disclosed in discovery or sworn Inventory and
Appraisement, goods, and supplies; all personal
,.
property used in connection with the operation of such
,. present, or future,
with the operation of such business.
arising out of
,.
( f'1 r~"L [)E:CkE:E Of D!VORCE!
.,.
W-10. $75,000.00 payable to Wife from Husband from the
.,.
Morgan Stanley account on the day the divorce is
.,. granted in open Court, receipt of which by Respondent
on July 19, 2004 is hereby acknowledged.
W-11. Fifty percent (50%) of the i2 Technologies Stock
accumulated during the marriage, which is as follows:
1,820 shares in i2 Technologies stock acquired
10/30/1998; one-half (1/2) of the 1,944 shares in i2
Technologies stock acquired 4/30/1999; one-half of the
,.
80 shares of i2 Technologies stock acquired
10/23/2000; and one-half (1/2) of the 200 shares in i2
,. Technologies stock acquired 3/26/2001.
W-12. One-half
following: Battery Ventures VI, L.P.: Octane Capital
,. Fund
Inc.;
I, L. P . ;
Viridian
T.L.
Ventures,
Ventures
rJf~. p.
and
V, L.P.;
Factory
Neon Systems,
Logic, Inc. ,
along with and subject to any liability thereon,
whether such interest consists of stock, restricted
-
.1
stock, outstanding options to purchase shares of stock
in each entity, limited partnership interests, or
j
other interests.
j
j
.,.
clothing, toys, and possessions in existence as of
July 9, 2004, as soon as practical thereafter.
W-14. One-half (1/2) of the funds on deposit with Bank
of America, the balance to be split equally and the
account divided and liquidated within ten (lO) days
following the date of entry of this order.
W-lS. One-half (~) of any and all proceeds received
from any class action suits filed in relation to any
stocks accumulated during the marriage by the parties.
It is further ORDERED that the party who receives any
funds pursuant to this section shall act as a
-
constructive trustee for the other party's portion,
I
J and shall tender all 'sums owing to the other party
,. within 3 days of receipt of same, along with a copy of
any and all documentation received in relation to the
settlement and proceeds received as a result
therefrom.
W-16. Any assets not disclosed in a party's sworn
• Inventory and Appraisement or through discovery and
I
.J
not divided herein or in the Mediated Settlement
Agreement, incorporated herein by reference, are
. .1
include personalty, furnishings, jewelry
_i (fINAL Of D!VORCEI
,.
DECRE~
personal jewelry not intended for resale, etc., and is
intended to include bank accounts, investments, etc.).
- W-17.
Barton
One-half of the proceeds
Creek Club Membership:
from the sale of
if the proceeds
the
are
received by either party, the party receiving such
.,. proceeds shall hold the other party's half of the
proceeds in trust, to be disbursed to the other party
.,. within 72 hours of receipt of same .
W-18. One-half of the undivided interest in the
Arboretum membership.
W-19. The framed art conunemorating the birth of the
children, in relation to the child
•
,
W-20. In regard to eXisting Family photographs, Wife
.
,
I
shall view all photos and uniquely mark those photos
which she wishes to have. Those family pictures
marked only by Wife are awarded to Wife. Those family
..
pictures marked by both Husband and Wife shall be
I
copied, using negatives when possible. Upon
completion of duplication, the parties, by al ternat~
j
selection, shall chose one by one until dissemination
is completed.
r
..
J
entitled to the
reproduction shall be equally shared.
-
J
,.
I FlI~;'.L DECREE OF DIVORCE I
.,.
C. Debts to Husband:
IT IS ORDERED AND DECREED that the husband, DAVID
FREDERICK CARY, shall pay, as a part of the division of the
estate of the parties, and shall indemnify and hold the
wife and her property harmless from any failure to so
.,. discharge, these items:
H-1. Any and all debts, charges, liabilities, and
other obligations incurred solely by the husband from
,. and after the date of January 17,
provision is made in this decree to the contrary.
2004, unless express
...
•
H-2. All encumbrances, ad valorem taxes, liens,
assessments, or other charges due or to become due on
the real and personal property awarded to the husband
in this decree unless express provision is made in
this decree to the contrary.
,.
H-3. Debts incurred in his own name unless otherwise
provided herein.
H-4. Husband represents that he has not opened any
accounts narning Wi fe as a liable party. The parties
,.
I
agree,
line of
and it is therefore ORDERED,
credi t taken out without the
that any debt or
other party's
knowledge or
disclosed in
j Appraisement
( f'1 NAt DECREE Of DIVORCE I
herein or in the Mediated Settlement Agreement is
awarded to the party who took out the debt or line of
credit and failed to disclose same during the pendency
..
of the divorce.
D. Debts to Wife:
IT IS ORDERED AND DECREED that the wife, JENNIFER LYNN
CARY, shall pay, as a part of the division of the estate of
.,. the parties, and shall indemnify and hold the husband and
his property harmless from any failure to so discharge,
these items:
W-l. Any and all debts, charges, liabilities, and
.,.
other obligations incurred by the wife from and after
the date of January 17, 2004 unless express provision
.,. is made in this decree to the contrary .
,.
W-2. All encumbrances, ad valorem taxes, liens,
assessments, or other charges due or to become due on
,. the real and personal property awarded to the wife in
this decree unless express provision is made in this
•, decree to the contrary .
W-3. Debts incurred in her own name unless otherwise
,.
provided herein.
W-4. All encumbrances, ad valorem taxes, liens,
(FWAL DECREE OF DIVORCE)
..
...
-
a/k/a Jennifer Cary Designs, or the business known as
..
Romantic Resources awarded to wife in this decree
unless express provision is made in this decree to the
contrary.
w-s. Wife represents that she has not opened any
.,. accounts naming Husband as a liable party. The
parties agree, and it is therefore ORDERED, that any
.,. debt or line of credit taken out without the other
.,.
party's knowledge or consent during the marriage, and
not disclosed in a party's sworn Inventory and
Appraisement or through discovery and not divided
herein or in the Mediated Settlement Agreement is
awarded to the party who took out the debt or line of
credit and failed to disclose same during the pendency
of the divorce.
E:. Notice:
.,. to
IT
the
IS ORDERED AND
other party,
DECREED
wi thin
that each party shall send
three days of its receipt, a
copy of any correspondence from a creditor or taxing
authority concerning any potential liability of the other
party.
F. Indemnity Clause:
Each party represents and
not incurred any outstanding
,.. (rIHAL DECREE OF DIVORCE:)
•
liability on which the other party is or may be liable,
other than those described in this decree. Each party
agrees and it is ORDERED that if any claim, action, or
proceeding is hereafter initiated seeking to hold the party
not assuming a debt, an obligation, a liability, an act, or
an omission of the other party liable for such debt,
obligation, liability, act, or omission of the other party,
.,. that other party will, at his or her sole expense, defend
the party not assuming the debt, obligation, liability,
act, or omission of the other party against any such claim
or demand, whether or not well-founded, and will indemnify
the party not assuming the debt, obligation, liability,
,.. act, or omission of the other party and hold him or her
harmless from all damages resulting from the claim or
demand.
.,. Damages, as used in this provision, includes any
reasonable loss, cost, expense, penalty, and other damages,
..
including other costs and expenses reasonably and
, necessarily incurred in enforcing this indemnity .
,. It is ORDERED that
reimburse the indemnified party, on demand,
the indemnifying party
for any payment
will
made by the indemnified party at any time after the entry
,.
,
L
compromise or settlement of claims, demands, or actions for
.,. any damages to which this indemnity relates.
The parties agree and it is ORDERED that each party
will give the other party prompt written notice of any
litigation threatened or instituted against either party
.,. that might constitute the basis of a claim for indemnity
under this decree.
G. Attorney's Fees:
.,. parties
To effect an equitable division of the estate of the
and as a part of the division, and for services
rendered in connection wi th conservatorship and support of
the children, each party shall be responsible for and shall
.,. pay his or her own respective attorney's fees and costs
incurred as a result of legal representation in this case,
T
if any, provided however, that if a party shall hereafter
..,. be required to file suit in order to enforce any of the
.,. provisions
Agreement,
of this Decree and/or the Mediated Settlement
then and in that event the party prevailing in
such suit will be entitled to recover that party's
,. ~e~sonable attorney's
connection with such enforcement.
fees and court costs incurred in
16. Liabili for Federal Income Taxes for Prior a ,i"",
j "", 0.\ CO"'r"
A. IT IS ORDERED AND DECREED that Drf;i}:"~"nDt~~
T
I
CARY and JENNIFER LYNN CARY shall be equalic/~~f;;fs~~~t\
~ \ -r~t;ij . ~\ fC/)~
\~\
.\ ci:.....
',\... ./.vt/~,,;:
j t fINAL DE:Cf.;EE or mVORCE} "'~~~fiV'co~'~"'~ 1
"""",,,I t1 '"
L
for all federal income tax liabilities of the parties from
the date of marriage through December 31, 2003, and each
party shall timely pay 50 percent of any deficiencies,
assessments, penal ties, or interest due thereon and shall
indemnify and hold the other party and his or her property
harmless from 50 percent of such liabilities unless such
addi tional tax, penalty, and/or interest resulted from a
.,. party's omission of taxable income or claim of erroneous
.,. deductions. In such case, the portion of the tax, penalty,
and/or interest relating to the omitted income or claims of
erroneous deductions shall be paid by the party who earned
,. the omitted· income or proffered the claim for an erroneous
deduction. The parties agree that nothing contained herein
shall be construed as or is intended as a waiver of any
rights that a party has under the "Innocent Spouse"
provisions of the Internal Revenue Code.
.,. made
It is further ORDERED and DECREED that if a refund is
for overpayment of taxes for any year during the
parties' marriage through December 31, 2003, each party
,. shall be entitled to fifty percent (50%) of the refund,
the party receiving the refund check is designated as the
and
,.
,.
,.
the total amount of the refund within five (5) days of
receipt of the re fund check. Ei ther party is ORDERED to
endorse a refund check upon presentation by the other
party.
B. Treatment/Allocation of Community Income for 2004:
IT IS ORDERED AND DECREED and the parties agree that,
for the calendar (tax) year 2004, each party shall file an
individual income tax return in accordance with the
Internal Revenue Code. IT IS FURTHER ORDERED AND DECREED
r
and the parties further agree that DAVID FREDERICK CARY and
,. JENNIFER LYNN CARY shall each have the right to claim one
,. dependency exemption regarding their twin daughters, and
each party agrees to execute an Internal Revenue Service
Form 8332 in favor of the other party waiving the right to
r
claim one such exemption for future tax years wi thin 72
~ours of presentation of such form. IT IS FURTHER ORDERED
and the parties further agree that DAVID FREDERICK CARY
r
shall be awarded all unused tax carry-forwards and AMT
credits.
C. IT IS ORDERED AND DECREED that for calendar year
r
2004, each party shall indemnify and hold the other party
r
r
r
r
their tax liability in a manner different from that
reflected on their returns.
D. IT IS ORDERED AND DECREED that each party shall
furnish such information to the other party as is requested
to prepare federal income tax returns for 2004 within
.. thirty days of receipt of a written request for the
information, and in no event shall the available
.. information be exchanged later than March 1, 2005. As
requested information becomes available after that date, it
shall be provided within ten days of receipt.
E. IT IS ORDERED AND DECREED that all payments made
to the other party in accordance with the allocation
provisions for .payment of federal income taxes contained in
,. this Decree of Divorce are not deemed income to the party
receiving those payments but are part of the property
,. division and necessary for a just and right division of the
parties' estate.
,.
F. IT IS FURTHER ORDERED AND DECREED that both
parties shall receive notification of any and all amended
,. tax returns prepared to be filed,
amendment, within three (3) days
by the party seeking the
of completion of the
amended tax return. Such notification shall
of the amended return, along with
r
-
documentation.
!
------ -
17. Other Orders:
A.
IT IS ORDERED and the parties agree that Husband and
Wife shall equally pay all educational expenses of the
children (including but not limited to required books,
agreed tutoring, required uniforms, required supplies and
agreed extracurricular activities) for the school year 2004
(only), and shall pay one-half (1/2) each the tuition due
to Shelton School for both children's tuition for the
school year 2004 (only) on or before August 1, 2004. IT IS
FURTHER ORDERED and the parties further agree that
thereafter the school(s) of each child shall be determined
by tribunal in the absence of parental agreement, as
further detailed below.
B. IT IS ORDERED and the parties agree that $75,000.00
from a Morgan Stanley account shall be used to fund an
account for the children to be expended by agreement for
educational expenses for the children, and in the .absence
of agreement, the decision of a majority of a tribunal
shall control as tie-breaker, as further detailed below.
C. IT IS ORDERED and the parties agree that the parents
shall each have a mutual first right of refusal in the
(FIHP.L DECf,.EE or DIVI)f<CE)
to noti fy the other party as far in advance as practical
and/or as soon as possible in each such event in order to
afford reasonable notice to that party to exercise such an
option on each such occasion hereafter.
D. IT IS ORDERED and the parties agree that each parent
shall have reasonable telephone access with the children.
E. IT IS ORDERED and the parties agree that each parent
is awarded one-half (1/2) of the children's clothing, toys
and possessions and the parties are ORDERED to so divide
such clothing, toys, and possessions in existence as of
.,. July 9, 2004, as soon as practical thereafter .
F. IT IS ORDERED and the parties agree that any assets
• not disclosed in 'a party's sworn Inventory and Appraisement
or through discovery and not divided in the Mediated
Settlement Agreement, attached as EXHIBIT "1", incorporated
herein by reference, are awarded to the party not in
possession (this does not include personal ty, furnishings,
I
~
jewelry defined as personal jewelry not intended for
resale, etc., and is intended to include bank accounts,
investments, etc.).
G. IT IS ORDERED and the parties agree that Husband shall
have an opportunity
2801 Covey Place,
facili ty holding property for wife
I f'lHH. m:CF'.EE OF O:VORCE:)
,..
seven (7) days of entry of this decree, during reasonable
hours, accompanied by counselor a representative thereof)
for purposes of identifying and claiming his separate
personal property, which he is herein awarded.
18. Release:
IT IS ORDERED and the parties agree that each party
releases the other party from all claims, demands, and
,. causes of action each may have against the other, save and
except those covenants, duties, and obligations set forth
in this Final Decree of Divorce.
,. 19. Full Disclosure:
,.
IT IS ORDERED and the parties agree that each party
represents that they have made a fair and reasonable
disclosure to the other of the property and financial
obligations known to them.
.,. 2,0. Finding on Family Violence:
,. The Court finds that there
child neglect or family violence by any party to this case
has been no pattern of
within two years preceding the filing of this case or
.,.
4urin g the pendency of this case .
21. Tribunal on Future Disputes on Educational and/or
Medical Decisions for Each Child:
(rIl~AL DECREE Of" DIVORCE)
in writing before entry of this Decree, or some other
agreed-upon nominee) shall serve as tie-breaker.
22. Court Costs:
IT IS ORDERED AND DECREED that all costs of court
expended in this case are taxed one-half against
Petitioner, DAVID FREDERICK CARY and one-half against
Respondent, JENNIFER LYNN CARY, for which let execution
issue.
23. Clarifying Orders.
-,.
I
Without affecting the finality of this Final Decree of
Divorce, this Court expressly reserves the right to make
orders necessary to clarify and enforce this decree. IT IS
FURTHER ORDERED that this decree shall serve as a muniment
of title sufficient to transfer ti tIe in the absence of
other documents, if applicable.
.,. IT IS FURTHER ORDERED AND DECREED that each party
shall execute any and all documents required to transfer
title to any real or personal property awarded herein
..,. pursuant to the terms of this order and shall return such
signed and properly executed documents to the appropriate
party within 72 hours of presentation.
.,. 24. Relief Not Granted .
IT IS ORDERED AND DECREED that any
relief requested by either party or which
.,
requested by ei ther party in this case and not expressly
granted herein is denied and/or is waived.
25. Date of Judgment:
SIGNED on __(U;;4~--=-- ~
______ , 2004.
...
.
wkh-
JUDGE PRESIDING
AS TO FORM ONLY:
,. &~
C RICK ROBERTSON
Attorney for Petitioner Attorney for Respondent
Gunnstaks Law Office Koons, Fuller, Vanden
15150 Preston Road, #300 Eykel & Robertson
Dallas, Texas 75248 5700 W. Plano Parkway
r Tel: (972) 392-2300 Suite 2200
Fax: (972) 763-2469 Plano, Texas 75093
State Bar No. 08624370 Tel: (972) 769-2727
Fax: (972) 769-0313
State Bar No. 17070700
APPROVED AND CONSENTED TO
T
AS TO BOTH FORM AND SUBSTANCE:
j"
DAVID FRE~~
Petitioner
j
(FINAL DECREE OF DIVORCE)
,
'-·.-L . . . . _
t
-
,
-~--
,
,
I' (
NO. 380-54606-03
IN THE MATIER OF § IN THE DISTRlCf COURT
THE MARRIAGE OF §
§
DA VID FREDERICK CARY §
AND §
JENNIFER LYNN CARY § 380TR JUDICIAL DISTRICT
§
AND IN THE INTEREST OF §
AND §
§
§
MINOR ClllLDREN § COLLIN COUNTY, TEXAS
MEDIATED SEITLEMENT AGREEMENT
1. ~;
The parties to this Agreement are:
(A) JENNIFER LYNN CARY, who is called "Wife" and/or "Mother".
(B) DA VID FREDERlCK CARY, who is called ''Husband'' and/or "Father".
They are sometimes called "each party" and collectively, they are called "the Parties n.
2. Scope of Agreement:
The parties agree to settle all c1aims and controversies between them, asserted or
asscrtable, in this case excepl---=-N.:.,:O=A....;..E_ _ _ _ _ _ _ _ _ _,
3. TIllS AGREEMENT IS NOT SUBJECT TO REVOCATION:
TInS AOREEMENI SHALL BE BINDING ON TI-IEPARTIES AND SHALLNOI
BE SUBJECT TO REVOCATION. TIlE PARIlES SHAH. BE ENlII1.Bp TO A
lUDGMENI ON THE MEDIATED SEffiEMENI AGREEMENT
NOIWIDISIANDING RULE 11. TEXAS RULES OF CIVIL PROCEDURE OR
ANY OrnER RULE OF LAW.
PAGE I
4. Grounds:
...
The divom: shall be granted on the grounds of INSUl/fJJ-i!rfiury
,.. 5. Diyision of the Property:
Pursuant to the terms and provisions set forth herein, as well as those set out in
Schedules "A" and ''B'', such Schedules being at1acbed hereto and for all purposes
incorporated herein.
(X) Wife· Sch. A. (X) Husband· Sch. B.
6.
I,.. (A) Wife is a.warded all accounts in her narne or under her cootro~ unJess otherwise
provided for herein. .
,. (B) Husband is awarded all accounts in his name or under his contro~ unless
otherwise provided for herein.
,. 7. LifeJDS~:
(A) Wife will receive aU policies ofinsllT8llce on her life.
'T"
(B) Husband will receive all policies of insurance on his life.
%toWifeand
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Court for en .ch
of benefits:
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in the arno of
months begi . g
inate on the d
--
of
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.TII ~ '~ 11:5/ PffiE.04
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10. Liabilities:
',..
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11.
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T )4 Joint Conservatorship.
12. Rights pnd Duties:
"'T
Parental rigbts and duties will be allocated between Mother and Father according to
Schedule "C".
13.
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.,. 14 . Child Su~rt:
(A) ~ in the amount of
$ ..saO
r per-=-''T'-'''o<L.IIT~~~r-h~It---_--J with the
~instal1ment due on .Lff~~~~~4J~
tf.! ~A'''''' da
(B) .f~ will carry health inswcmcc on the children.
.so
C) Deducboles, co-pay and uninsured medical expenses will be paid ~ % by
.,.. Mother and % by Failier.
,. 15. Performance:
This agreement is made and pcrf~able in C~ ColDlty, Tex.as, and shal J be
construed in accordance with the laws of the State of Texas.
T 16. Agreement;
Each signatory to this settlement has ent!i"ed into same freely and without duress
"T after having consulted with professionals.
~17'A ~: /\ ./"\
VW~V~~"I'''''''-
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• > 18. Attorney's Fees and Costs:
,. (A) WifeIMoilier's attorney's fees will be paid by
~
(B) Husband/Father's attorney's fees will be paid by
~ .
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0) Cos .. will b. paid by fo1!3 i#,~ ~ .
19. lntema1 Revenue Service:
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, JUL 08 cUU'I 11: 0 .. " ...
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20. Release:
.,..
Eacb party reJeases the other from all claims, demancb, and causes of action each
may have against the other, save and except those covenantll, duties, and obligations
~ set forth in this Agreement
,. 21 . Fuji disclosure:
Each party represents that they have made a fair and reasonable disclosure to the
,.
other of the property and financial obligations known to them.
22. Final Documents:
(A) The terms of this agreement will be incorporated in a decree and agreement
'T"
. incident to divorce which will Ii o. forms published in the Texas Family
Uf¥ a1J if'-{j.
Practice Manual. Attorney f o r . will prepare }he ~t draft of the
r docwnentsl ·v../ A4 ~,
(B) Other closing documents will be prepared by the attorney for the party who will
benefit thereby, with sUch documents to follow the forms published in the illll
Family Practice Manual.
23. Djsputes Regarding This Agreement:
If any dispute arises with regard to the interpretation of this agreement, or as to the
dn
dz#inJ of uments necessary to effect this agreement, the parties hereby appoint
r . .....
-,JL'-"--4DI~~_.~d:fl.'-LJL,---_ as the arbitrator with respect to such and, by their execution
hereof, agree to be bound by the arbitrator's fmdings and conclusions.
,.. 24. Future Modification:
It is the agreement of the parties that before any party files suit for modification of
the terms end conditions of conservatorship, possession, or support of the children,
except in an emergency, the parties shall attempt to mediate in good faith the
controversy as provided in Chapter 153 of the Texas Family Code. This requirement
shall not apply to actions brought for enforcement
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PAGES
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JUL DB 200~ 11:~~Hn
..... L __
( (
25. SettlemmtofFuture Disputes:
The parties agree that they shall attempt to mediate in good faith any claim or
controversy arising out of the Final Decree of Divorce, prior to filing any suit for
clarification, modification, or enforcement as provided in Chapter 153 of the Texas
Family Code.
26 .
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-'. -- - . . . . . . . C"'''
.( c
JUL 08 2001 11:~~Hn nr Ln:lc.".....,c;.1 ..:leu,,",
-
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,..
Agreed to and executed on this r day of July, 2004 .
.,..
Signatures ofparties and the addresses and phone numbers oftbeir attorneys;
,..
c. LUKE GUNNSTAKS, RICK ROBERTSON,
Attorney for Petitioner Attorney for Respondent
15150 Preston Road 5700 West Plano Parkway
Sui1e 300 Suite 2200
Dallas, TX 75248 Plano, TX 75093
9721392·2300 972fl69·2727
972/386-573] 972fl69·0313 (Fax)
,.
,. ROTI!WELL B. POOL,
Mediator
9721524·7585
,.
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.. JUL. UU L,U_' ...... __ ..
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SCHEDULE-UA"
Wife is awarded the following as bet sole and separaU: property, subject to the indebtedness
pending thereagainst (unless otherwise provided for herein), and Husband is hereby divested of all
right. title, interest, and claim in and to such property:
1. All personal property, furniture and furnishings, wearing apparel, household contents,
jewelry, sporting or recreational equipment, cash on hand, savings accounts and checking
I!CCOWlts in possession or control of Wife at the time oftbe signing of this agreement, unless
otherwise provided for herein .
...
2. All job-related benefits attributable to Wife's employment, including, but not limited to,
rights related to any profit sharing plan, retirement plan, pension plan, annuity plan,
insurance benefit plan, or any benefit program existing by reason of Wife's past, present or
future cmployment..~_ _ _ _ _ _ _ _ _ _ _ _ _ __
3. All policies oflife insurance issued upon the life of Wife and all hazard or casualty insurance
policies regarding property distributed herein to Wife.
~~----~--~------~~------~~-----'
, keys,
r
5.
,.
The business know as N . Rf~nC6,:
including but not limited to all fumi bin equipment, inventory, cash.~
---...=...,.,["1'<fllUl goods, and supplies; all pe~ona1 prope ~ed in connection with the operation
of such business; and any and all rights and privileges, past, present, or future, arising out of
~r in connection with tb operation of such business.
J ~e aU-/
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Ju. 08 • 04 11: 54
JUL UC CUU"T .I. J. • -''"-'Iftl
SCHEDULE'"B"
Husband is awarded the following as his sole and separate property, subject to the
indebtedness pending thereagainst (unless otherwise provided for herein), and Wife is hereby
divested of all right. title, interest, and claim in and to such property:
1. All personal property, fwniture and fumishing!, wearing apparel, household contents,
jewelry, sporting or recreational equipment, cash on hand, savings accounts and checking
I" accounts in possession or control of Husband at the time of the signing of this agreement,
unless otbetwise provided for herein.
2. All job-related benefits attributable to Husband's employment, including, but Dot limited to,
rights related to any profit sharing plan. retirement plan, pension plan, annuity plan,
.. insmance benefit plan, or any benefit p~ ~ b~~ of Husband's past, present
or future employment, except lIS ~ ......~<...L.::..+-=-..;..::.L llIA~l\,C.'U.<..>.....-_ _ _ _ _ __
___
3. All policies of life insurance issued upon the life of Husband and all hazard or ca.sualty
insurance policies regarding property distributed herein to Husband.
"
5. The ~ Af4M filDX
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title docwnents.
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SCHEDULE "C"
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.
ElChbu Eacb bas Soley Sokly JoiaL
Il ichIs IDC! Duties II all times dunn, /IlOG)a fllhtl
posscuion
RIJbt ID rco::iYe kIfomWioa 1!UD the Olber parenl a>DCCnIin. the br:alIh.. X
cd1!eltioa,1Dd Mltarc oldie cblJd
Ripr III coofa with liIe Dtba puaJt, ID tbc C'XI&IIL possible, bc.tn X
IIIII&c • docisial coacaniq Ole IIalIh, education, and wdfln DC tile
chBd
RiPlor.~ 10 medical, dcuIII. pqdIDIDliw. IJId cdualioa Ja:OCdI X
,.. \:{
oIlIIt chll4
RJplIO consuIl willi. pbysidln, dc:ntisl, Of pc)'dIolop afchc ~ X
, R1dd 10 tOfIS1IIl willi acbooI ~ebII conccmin&!he eIInd', wdtuc IIId X
cdllClllim Jbbu, iDda.diq ,ebooIldivitia
Rl Jht ID allcDd sd100I aahiti es X
R111d ID be daI~ 011 the alld', r=x-dI u • pc:nw ID be notirlCd ID X
_ ofa.a CDIfPK)'
RiIht III collJCll! to n4bI, deaJal, !lid IUrJiI:&lIlcalmclll cbriollll
CIIIrt)aICY irrtOJriaa immcdJne d&Dcc:: III the: hallh &lid safr:ty ofllle X
ChIld
Ri&bt \D manacc !be dU!d'. csUIc to the odzot Ihc c~ bat bcal
craIcd ., !be pueIII lSI !he parCDl" famiJy
~
X
Daly of en, CISIIDcl, prgcmioa, md m.JaIl able diJclpI iDe 01 ~ child X
Duly orsuppar1 ~ dIild.. iDeludinc prov\cf1llJ the dlild widI c11l1hiD&.
~\; fbod, ,beiler, IIId mc4icaJ and dcUI c:an: DOl imotylnC III brvtsin X
proccd\ll"t
~
Rl&bt \D axucnI for !he dIIId \D IIdiCIJ IDd clcnlal are IIDt kmllYIJII
lID muhoe pmcedIUC X
JUaht \D axucnI for the thild \D medica1, dCJrtAI, mel I1IrJical trcatmaJt
darina III cmaccncy iImlIriII& immediala cllll&er to die huJlh IDd X
uhty or1bc child
~~
RJIhl \D dim:I!he lIIOnIiud rdiSious bllRiJl& of the child X
~
Duly \D IIJIIIoz periodic cbUkuppart p.)'lIICIl1
X.
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I~Ul~V , ~ ~~ /"-- VV ~
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RIIht III aruetd 10 medic:W, dcatsi, md SUJgiuJ trutmcnt imoIvInc
\.lnnsiYe proceduR:! and \D psydddric and pl)'l:lIoiolkallrclmXzl1
Riairt \D ~cQn: .,d lin: ~Ipt for paiod~ P.)'V'lCllb for !he s.."at of
X U:Tli ~MN~ Wi 54 ~1lr A~1i
)~ the thUd IIId bold 01 dlsb1lrsc the I\md.s for !be benefit of \be cUd ~
~~ Riebl to RJI'tsaIl w child In kplKdoa md 10 m.aC othc' d=ltions
of IUbitllltiai IcplsipliflCUu eona:millilbe dlild J(
- ~
R1iht 10 alaScrt 10 IDIIlI.re ADd cnIis1mc11l in armed saYiccs oru,s. )(
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Ri&ht III make lIechlem 1lOO0CIII1n& dlC child', tducatiov )('
Ex. X
Rilllt 10 KnicI::J and CC'II~p of \be dUld
,.hal • ruudi.lll of the cbild', utalz: ~ • prdilll 0( IItomey ad
r Iitaa has buD appoiDIEd fDr dIt child, II\c ri&ht 10 let a lID qGI1 of til,
cJIIld in rdII%ioa 10 tK ell ild", aUIe if tIx ckild', .. Ii 011 is rcqulred ~ • ...: \~
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Duly to IIlInIIc 1I-.e child', ~WI: II) \he cxunl!be csuu has km
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ftIf!p ~
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STATE Of TF.XAS I
COUNTY Of l1Jl.L1N I
I. H-.Il KUIIIJ<. [JlIU'ict C1cR ie and f« Collin ("oonl~ Teus. do
IMftby milt)" Ihnl !he 1Ibo\-c rORfOiftJ is • INC IIId come! copy of Ihc
IIrifiNI cSoa..:nI as 1!If Mine ~ on !he file in the DIstrict ("DUrI.
..
Col.li9J:~·. ~~~ ofSltd Court. dais
Itti{i!.;d.rol ~,~~~~.
HANNA KUl K
COlLIN Y. T AS
-
•
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...
,...
1211712009 417 PM SCANNED
,,
,
CAUSE NO. 380-54606-03
IN THE lNTEREST OF § IN THE DISTRlCT COURT
§
§ 380m JUDICIAL DISTRlCT
,.. and §
§ COLLIN COUNTY, TEXAS
FINAL ORDER OF MODIFICATION
On October 23, 2006, the Court heard Petitioner's Motion for Modification and
Respondent's Supplemental Counter-Petition to Modify in Suit Affecting the Parent-Child
Relationship.
Appearances
Petitioner, JENNIFER CARY, appeared in person and through attorneys of record,
Laurence A. DePlaza and Rick Robertson, and announced ready for trial.
Respondent, DAVID CARY, appeared in person and through attorneys ofrecord., C.
Luke Gunnstaks and Georganna Simpson, and announced ready for trial.
Jurisdiction
The Court, after examining the record and the evidence and argument of counsel,
finds that it has jurisdiction of this case and of all the parties and that no other court has
continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly
cited.
r
,.. A jury was waived, and all questions of fact and of law were submitted to the Court.
Record
The record of testimony was duly reported by Carla Kimbrell, the court reporter for
the 380m Judicial District Court.
Children
FINAL ORDER
S:\CLlENTS\Cary\Orders\FlnaIOrderModificationLAD.wpd
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N'ame:
Sex: Female
Birth date:
Home state: Texas
Social Security number:
Name:
Sex: Female
Birth date:
Home state: Texas
Social Security number:
Hereinafter, the aforementioned children may be referred to as the "duldren".
,. Findings
The Court fmds that the material allegations in Petitioner's Motionfor Modification
r are true and that the requested modification is in the best interest of the children. IT IS
,.
ORDERED that the requested modification is GRANTED, as stated more fully herein below.
The Court further finds that the Partial Mediated Settlement agreement, signed by the parties
on July 11, 2006, is not in the best interest of the children and is hereby supplanted and
r superceded by the following fmdings and orders.
Conservatorship
r
The Court finds that the following orders are in Ole best interest of the children.
IT IS ORDERED that DAVID CARY is removed as Joint Managing Conservator of
the children and that JENNIFER CARY is appointed Sole Managing Conservator and
,. DA VID CARY is appointed Possessory Conservator of the children,
and
., JENNIFER CARY, as sole managing conservator of the children shall have the
following exclusive rights:
.,. 1. the right to designate the primary residence of the children without
geographical restriction;
~ 2 the right to consent to medical, dental, and surgical tr~tm~t,/~1Volving
. ,,""'0\C I Cd'>"
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FINAL ORDER . '. lJ;.-~:.
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S:\CLlENTs\Cary\Orders\FlnIIOrderModiflutionLAD.wpd Nov~r, -:~ - : ~
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- 3.
invasive procedures;
the right to consent to psychiatric and psychological treatment;
4. the right to receive and give receipt for periodic payments for the support of
the children and to hold or disburse these funds for the benefit of the children;
'T
5. the right to represent the children in legal action and to make other decisions
..,. of substantial legal significance concerning the children;
6. the right to consent to marriage and to enlistment in the anned forces of the
...,. United States;
7. the right to make decisions concerning the children's education;
...
I 8. the right to the services and earnings of the children; and
9. except when a guardian of the children's estate or a guardian or attorney ad
litem has been appointed for the child, the right to act as an agent of the
.,.
children in relation to the child's estate if the child's action is required by a
state, the United States, or a foreign government.
.,.
IT IS ORDERED that, at all times JENNIFER CARY, as parent sole managing
conservator of the children and DAVID CARY, as parent possessory conservator, shall each
,.
have the following rights at all times:
I. the right to receive information from the other parent concerning the health,
,.
education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making
a decision concerning the health, education, and welfare of the children;
,.. 3. the right of access to medical, dental, psychological, and educational records
of the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officia Is concerning the children's weI fare and
• I
educational status, including school activities;
FINAL ORDER
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S:\CLIENTS\Cary\Orders\Fln.IOrderModifiCitiooLAD.wpd
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6. the right to attend school activities;
7.
.,. the right to be designated on the children's records as a person to be notified
in case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the
children; and
9. the right to manage the estates of the children to the extent the estates have
..,. been created by the parent or the parent's family .
IT IS ORDERED that, during their respective periods of possession, JENNIFER
CARY, as a parent sole managing conservator, and DAVID CARY, as a parent possessory
conservator, shall each have the following rights and duties during their periods of
possession:
I. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, incIudingproviding the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving
an invasive procedure;
4. the right to direct the moral and religious training of the children.
,. IT IS ORDERED that, at all times, JENNIFER CARY, as a parent sole managing
,.
conservator, and DAVID CARY, as a parent possessory conservator, shall each have the
following duties:
I. the duty to infonn the other parent in a timely manner of significant
information concerning the health, education, and welfare of the children; and
2.
FINAL ORDER
S:\CLIENTS\Cary\Orden\FlnaIOrderModificationLAD.wpd
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as a sex offender under chapter 62 of the Code of Criminal Procedure (as
added by chapter 668, Acts of the 75th Legislature, Regular Session, 1997) or
•
is currently charged with an offense for which on conviction the person would
be required to register under that chapter. IT IS ORDERED that this
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infonnation shall be tendered in the form of a notice made as soon as
practicable, but not later than the fortieth day after the date the parent begins
to reside with the person or on the tenth day after the date the marriage occurs,
as appropriate. IT IS ORDERED that the notice must include a description of
the offense that is the basis of the person's requirement to register as a sex
,. offender or of the offense with which the person is charged. WARNING: A
PERSON COMMITS AN OFFENSE PUN1SHABLE AS A CLASS· C
T MISDEMEANOR IF THE PERSON FAILS TO PROVIDE THIS NOTICE.
,. Possession and Access
The Court finds that the possession of the children vanes from the Standard
Possession Order for the following reasons:
T
1. The credible evidence showed Father's inability to promote a positive
relationship between the children and the mother .
.,.
2. The credible evidence showed Father's inability to relate and work effectively
with the children's third party mental health providers, therapists, counselors
and medical health providers.
3. The credible evidence showed that Father's inability to relate and work
effectively with the children's third party mental health providers, therapists,
-
counselors and medical health providers is a detriment to the children and not
in the children's best interest.
,
4. The credible evidence showed Father's inability to communicate effectively
with Mother concerning the children and their respective needs.
5. The credible evidence showed the children's need for consistency during the
...
)
school week, be it during the school year or during the time .~~Uh~ children
attend summer school in the summer. .l;;:~~~\9..T-P.?2>",
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6. The credible evidence showed Father's inability to relate and work efTectively
.,. with the children's school and school officials.
7. The credible evidence showed Father's inability to maintain a stable medical,
therapeutic and educational environment for the children.
8. The credible evidence showed Father's inability to share the rights, powers
and duties to co-parent and cooperatively raise the children.
.,. 9. The credible evidence showed that it is the best interest of the children for
Mother to be appointed as the parent sole managing conservator with the
exclusive rights, powers and duties, stated herein above, and not for both
parents to share those specific rights, powers and duties .
..,..
10. The credible evidence showed that the expert testimony of Christy Bradshaw,
the court-appointed social study evaluator, Diana Hurtado, Betty Glasheen and
Sandra Buttine was credible, relevant and persuasive in favor of the
,.
appointment of Mother as the parent sole managing conservator and the award
to Father of the specific possession schedule detailed herein.
II. lbe credible evidence showed that Father's actions and behaviors were
disrespectful of the children's home, medical, therapeutic and educational
environment.
12. The credible evidence showed that the possession schedule detailed herein
awards Father frequent, quality periods of possession of the children that
serves to optimize the development of a close and continuous relationship
between Father and the children.
13. The credible evidence showed that the possession order detailed herein grants
periods of possession of the children as similar as possible to the Standard
-
Possession Order, given the evidence and testimony elicited in this trial and
given the special circumstances of the parent sole managing conservator, the
;
parent possessory conservator and the chHdren.
14.
IS.
FINAL ORDER
S:\CUENTS\C.ry\Orden\FlnaIOrderModifiCJItionLAD.wpd
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• inappropriate and unworkable given the circumstance of the parent sole
managing conservator, the parent possessory conservator and the children .
.,. 16. The credible evidence showed Mother's ability to relate and work effectively
with the children's third party mental health providers, therapists, counselors
and medical health providers.
'..,.
17. The credible evidence showed that Mother's ability to relate and work
effectively with the children's third party mental health providers, therapists,
counselors and medical health providers is an advantage to the children and in
the children's best interest.
'..,
18. The credible evidence showed Mother's ability to relate and work effectively
with the children's school and school officials.
19. The credible evidence showed Mother's ability to maintain a stable medical,
therapeutic and educational environment for the children.
20. The credible evidence showed that Mother's actions and behaviors were
- respectful of the children's home, medical, therapeutic and educational
environment.
The Court finds that the following provisions of this possession order are intended to
be and are in the best interest of the children. IT IS ORDERED that DAVID CARY and
JENNIFER CARY shall comply with all terms and conditions of this Possession Order. IT
IS ORDERED that this Possession Order is effective immediately and applies to all periods
of possession occurring on and after the date the Court signs this Possession Order. IT IS,
.,. TIIEREFORE, ORDERED:
..
A. Defmitions
I
(1) In this possession order "school" means the primary or secondary
school in which the child is enrolled or, if the child is not enrolled in a primary
or secondary school, the public school district in which the child primarily
resides.
FINAL ORDER
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.,. -
B. Mutual Agreement or Specified Tenns for Possession - IT IS ORDERED that
DA VID CARY and JENNIFER CARY shall have possession of the children at times
.,. mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is
ORDERED that the conservators shall have possession of the children under the specified
.,. tenns set out in this Possession Order.
Parents Who Reside 100 Miles or Less Apart
.., A. IT IS ORDERED that DAVID CARY shall have possession of the children as
follows:
Weekends: The first, third, fourth, and fifth Weekends of each month, beginning
on each first, third, fourth, and fifth Friday of each month at 6:00 p.m.
''T and ending the following Sunday at 6:00 p.m.
..,. B. IT IS ORDERED that JENNIFER CARY shall have possession of the children as
follows:
Week Days: Every week from 6:00 p.m. on Sunday until the following Friday
ending at 6:00 p.m.
T
Weekends: The second Weekend of each month, said weekend beginning on each
second Friday of each month at 6:00 p.m. and ending the following
Sunday at 6:00 p.m.
'T
C. DA VTD CARY shall have the following holiday possession of the children:
Sprine Break in Even-Numbered Years - In even-numbered years, beginning at
6:00 p.m. or the time the child's school is regularly dismissed on the day the child is
dismissed from school for the school's spring vacation and ending at 6:00 P.M. on the day
before scbool resumes after that vacation.
'j Extended Summer Possession by DAVID CARY:
j FlNALORDER
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..,. With Written Notice by April I-I fDA VlD CARY gives JENNIFER CARY written
notice by April I of a year specifying an extended period or periods of summer possession
for that year, DAVID CARY shall have possession of the child for thirty days beginning no
.,. earlier than the day after the child's school is dismissed for the summer vacation and ending
no later than seven days before school resumes at the end of the summer vacation in that
.,. year, to be exercised in no more than two separate periods of at least seven consecutive days
each, as specified in the written notice, provided that the period or periods of extended
summer possession do not interfere with Father's Day Weekend. These periods of possession
shall begin and end at 6:00 p.m.
Without Written Notice by April I-If DAVID CARY does not give JENNIFER
CARY written notice by April I of a year specifying an extended period or periods of
summer possession for that year, DA VID CARY shall have possession of the child for thirty
consecutive days in that year beginning at 6:00 P.M. on July I and ending at 6:00 P.M. on July
31.
T
D. It is ORDERED that JENNIFER CARY shall have a superior right of possession of
..,. the children as follows:
-
I. Sprine Break in Odd-Numbered Years -In odd-numbered years, beginning
at 6:00 P.M. on the day the child is dismissed from school for the school's spring vacation and
f
ending at 6:00 P.M. on the day before school resumes after that vacation.
,. 2. Summer Weekend Possession by JENNIFER CARY - If JENNIFER
CAR Y gives DAVID CARY written notice by April 15 of a year, JENNIFER CARY shall
have possession of the child on anyone weekend beginning at 6:00 P.M. on Friday and
ending at 6:00 P.M. on the following Sunday during anyone period of the extended summer
possession by DAVID CARY in that year, provided that JENNIFER CARY picks up the
child from DAVID CARY and returns the child to that same place and that the weekend so
designated does not interfere with Father's Day Weekend.
FINAL ORDER
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3. Extended Summer Possession by JENNIFER CARY - If JENNIFER
CAR Y gives DAVID CARY written notice by April 15 of a year or gives DAVID CARY
.,.
fourteen days' written notice on or after April] 6 of a year, JENNIFER CARY may designate
.,. one weekend beginning no earlier than the day after the child's school is dismissed for the
summer vacation and cnding no later than seven days before school resumes at the end of the
summer vacation, during which an otherwise scheduled weekend period of possession by
DA VlD CARY shall not take place in that year, provided that the weekend so designated
-r does not interfere with DAVID CARY's period or periods of extended summer possession
or with Father's Day Weekend.
E. Holidays Unaffected by Distance
Notwithstanding the weekend periods of possession of DA VID CARY, JENNIFER
..,. CARY and DAVID CARY shall have the righl to possession of the children as follows:
1. Christmas Holidays in Even-Numbered Years - In even-numbered years,
..,. DA VID CARY shall have the right to possession of the child beginning at 6:00 P.M. on the
.,. day the child is dismissed from school for the Christmas school vacation and ending at noon
on December 26, and JENNIFER CARY shall have the right to possession of the child
beginning at noon on December 26 and ending at 6:00 P.M. on the day before school resumes
after that Christmas school vacation.
2. Christmas Holidays in Odd-Numbered Years-In odd-numbered years,
JENNIFER CARY shall have the right to possession of the child beginning at 6:00 P.M. on
...
I,
the day the child is dismissed from school for the Christmas school vacation and ending at
noon on December 26, and DAVID CARY shall have the right to possession of the child
beginning at noon on December 26 and ending at 6:00 P.M. on the day before the child's
school resumes after that Christmas school vacation.
3. Thanksgiving in Odd-Numbered Years-In odd-numbered years, DAVID
CAR Y shall have the right to possession of the child beginning at 6:00 P.M. on the day the
FlNALORDER
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.. SUnday following Thanksgiving .
4. Thanksgiving in Even-Numbered Years-In even-numbered years, JENNIFER
CARY shall have the.right to possession of the child beginning at 6:00 P.M. on the day the
I
child is dismissed from school for the Thanksgiving holiday and ending at 6:00 P.M. on the
~
Sunday foJ lowing Thanksgiving.
.,. 5. Child's Birthday-Tfthe party is not otherwise entitled under this Possession
Order to present possession of the children on the children's birthday, that conservator shall
have possession of the children beginning at 6:00 P.M. and ending at 8:00 P.M. on that day,
-
provided that that conservator picks up the children from the other conservator's residence
and returns the children to that same place.
6. Father's Day Weekend-Father shall have the right to possession of the
children each year, beginning at 6:00 P.M. on the Friday preceding Father's Day and ending
at 6:00 P.M. on Father's Day, provided that if Father is not otherwise entitled under this
Standard Possession Order to present possession ofthe children, he shall pick up the chi Idren
from the other conservator's residence and return the children to that same place.
7. Mother's Day Weekend-Mother shall have the right to possession of the
children each year, beginning at 6:00 P.M. on the Friday preceding Mother's Day and ending
at 6:00 P.M. on Mother's Day, provided that if Mother is not otherwise entitled under this
Standard Possession Order to present possession of the children, she shall pick up the
children from the other conservator's residence and return the children to that same place.
.,. F. U ndesiKnated Periods of Possession
,.
JENNIFER CARY shall have the right of possession of the child at all other times not
specifically designated in this Possession Order for DAVID CARY.
G. General Terms and Conditions
Except as otherwise explicitly provided in this Possession Order, the terms and
conditions of possession of the child that apply regardless of the distance between the
residence of a parent and the child are as follows:
FlNALORDER
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• 1. JENNIFER CARY is ORDERED to surrender the children to DAVID CARY
at the beginning of each period ofDA VID CARY'S possession at the curb of
DA VID CARY'S residence. IT IS FURTHER ORDERED that JENNIFER
..,. CARY shall not go to the front door ofDA VID CARY'S residence unless the
children would be in danger of going to the front door alone or the child is hurt
and cannot walk to the front door. IT IS FURTHER ORDERED that the only
conversation between the parents shall be "good-bye, we'll see you next time."
2. DA VID CARY is ORDERED to surrender the children to JENNIFER CARY
at the beginning of each period ofJENNlFER CARY'S possession at the curb
of JENNIFER CARY'S residence IT IS FURTHER ORDERED that DA VlD
CARY shall not go to the front door of JENNIFER CARY'S residence unless
.,.. the children would be in danger of going to the front door alone or the child
is hurt and cannot walk to the front door. IT IS FURTHER ORDERED that
the only conversation between the parents shall be "good-bye, we'll see you
next time."
3. Personal Effects-Each conservator is ORDERED to return with the children
the personal effects that the children brought at the beginning ofthe period of
possessIOn.
4. Designation of Competent Adult-Each conservator may designate any
,.
competent adult to pick up and return the children, as applicable, and same
shall be held to the terms and conditions of Section G( I )(2), found
,.
immediately herein above. IT IS ORDERED that a conservator or a designated
competent adult be present when the child are picked up or returned, and same
shall be held to the terms and conditions of Section G( I ),(2), found
T immediately herein above.
5. Inability to Exercise Possession-Each conservator is ORDERED to give
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notice to the person in possession of the child on each ~~..~t';.t)1e
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any specified period .
.,..
6. Written Notice-Written notice shall be deemed to have been timely made if
received or postmarked before or at the time that notice is due .
.,..
.,.. The periods of possession ordered above apply to each child the subject of this suit
while that child is under the age of eighteen years and not otherwise emancipated.
This concludes the Possession Order.
Children's Educational Expenses
TVe Court finds, taking into account the best interest of the children and the increased
expenses ofthe children's medical and education special needs, that the following is a fair
and equitable allocation of the increased costs therefor. IT IS THEREFORE ORDERED that
DA VlD CARY shall, as additional child support:
1. Fund $30,000.00 in an education account each year for the children's
+-
education. JENNIFER CARY shall set up this education acco&"~
of her choice, and shall notify DAVID CARY each of r as 0
where the education account resides and where to deposit said $30,000.00. IT
IS ORDERED that DAVID CARY shall deposit $30,000 on the ~y of
}(x'..A--~..."",,~~ffiL4~eer, 2006 and on the same day of each year thereafter until the first
..
month following the date of the earliest occurrence of one of the events
specified below:
I
1. Each child reaches the age of eighteen years, provided that, if the
.,.
I
child is fully enrolled in an accredited secondary school in a
program leading toward a high school diploma or enrolled in
courses for joint high school and junior college credit pursuant
to section 130.008 of the Texas Education Code, the periodic
.,.. child support payments shall continue to be due ~~~~~~.~~?::.~",
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the end of the month in which the child graduates from high
school;
" 2. Each child marries;
3. Each child dies;
,.
4. Each child's disabilities are otherwise removed for general
.,. purposes; or
5. By further order of the Court.
T'
2. JENNIFER CARY shall have full and complete dominion and control over
said education account, shall manage same exclusively, may make deposits
into said education account from time to time and shall make withdrawals
from said education account for the educational needs of the children.
Child Support Findings
In accordance with Texas Family Code section 154.125,154.126 and 154.130, the
Court makes the following findings and conclusions regarding the child support order made
in open court in this case on October 25,2006:
1. The application ofthe percentage guidelines in this case would be unjust or
inappropriate:
2. the amount of net resources available to DAVID CARY per month IS
$8,515.32;
3. the amount of net resources available to JENNIFER CARY per month was not
introduced into evidence;
4. the amount of child support payments per month that is computed if the
percentage guidelines of section 154.125 of the Texas Family Code were
applied to the first $6,000 of DA YID CARY's net resources would be
$1,500.00;
FINAL ORDER
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.,.
5. the percentage applied to DAVID CARY's net resources for direct child
support by the actual order rendered by the Court is 23.49%; and
6. The credible evidence showed the speci fic reasons that the amount of support
per month ordered by the Court varies trom the amount computed by applying
the percentage guidelines of section 154.125 of the Texas Family Code are
.,. based on:
a. the amount of Father's net resources;
b. the age of the children;
- I
c.
d.
the special needs of the children;
the ability of the parents to contribute to the support of the children;
e. any financial resources available for the support of the children;
f. the amount of time of possession and access to the children awarded to
each parent;
g. the order appointing Mother as the parent sole managing conservator
.,. and Father as the parent possessory conservator of the children;
.,.
h. special and extraordinary educational, health care and therapeutic
expenses for the children; and
.,.
I. The history of reimbursement payments from Father to Mother for
uninsured and deductible health care expenses for the children.
,. Child Support Orders
The Court finds that it is in the best interest of the children and IT IS ORDERED that
T DAVID CARY is obligated to pay and shall pay to JENNIFER CARY child support of
$2,000.00 per month, with the first payment being due and payable on November 1,2006 and
a like payment being due and payable on the 1st day of each month thereafter until the first
.,.
j FlNALORDER
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.,.
enrolled in. an accredited secondary school in a program leading toward a high school
.,. diploma or enrolled in courses for joint high school and junior college credit pursuant to
section 130.008 of the Texas Education Code, the periodic child support payments shall
.,. continue to be due and paid until the end of the month in which the child graduates from high
school;
2. Each child marries;
3. Each child dies;
4. Each child's disabilities are otherwise removed for general purposes; or
5. By further order of the Court
"T'
Retroactive Child Support
.,. The Court further finds that JENNIFER CARY's request for an increase in child
support to be paid by DAVID CARY should be granted retroactively to the date of the
service of her Motion to ModifY on April 16,2005, in the amount of $2,000.00 per month
since that time. The Court finds that DAVID CARY has paid $500 per month child support
since the date orthe service of JENNIFER CARY's Motion to Modify on April 16,2005.
The Court finds that David Cary owes retroactive child s~pport to JENNIFER CARY in the
amount of the product of $1 ,500.00 x 18 months, which equals $27,000.00.
IT IS THEREFORE ORDERED that DAVID CARY shall pay $500 per month
directly to JENNIFER CARY on the 151 day of November, 2006, and a like payment on the
1st day of the month until the arrearage amount of$27,000.00 is fully paid.
Withholdin~ Order
,. IT IS ORDERED that any employer ofDA VID CARY shall be ordered to withhold
from DAVID CARY's earnings the aforementioned child support from the disposable
earnings of DAVID CARY for the support of the children,
and
On this date the Court signed an Order to Withhold Income for Child Support.
',- IT IS ORDERED AND DECREED that any income withheld from ~~~~:~~;,~",
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disposab\e earnings paid to JENNIFER CARY in accordance with the Order Withholding
from Earnings for Child Support shall constitute a credit against DAVID CARY's child
support obligation, and shall not discharge any of DAVID CARY's child support obligation
which exceeds the amounts so credited.
IT IS ORDERED AND DECREED, pursuant to article XVI, Section 28, of the Texa')
Constitution, and Chapter 158 of the Texas Family Code, that any employer of DA VID
CARY shall withhold the amounts specified in the order Withholding Earnings for Child
Support, not to exceed fifty percent (50%) of his disposable earnings.
IT IS ORDERED AND DECREED that any employer ofDA VID CARY shall begin
to withhold income in accordance with the Order Withholding from Earnings for Child
Support no later than the first pay period that occurs following the date on which the Order
". Withholding from Earnings for Child Support is served on the employer, shall continue to
,.
withhold income so long as DAVID CARY is employed by the employer so served, or until
child support is no longer payable under the terms of this Decree, whichever occurs first, and
shall remit to JENNIFER CARY the amount') withheld on each regular pay date.
r IT IS ORDERED AND DECREED that, if and when DA VlD CARY terminates or
commences employment, DA VID CARY shall notify this Court, and JENNIFER CARY by
U.S. certified mail, return receipt requested, of such termination or commencement of
,. employment no later than seven (7) days after such employment is terminated or commences,
and DA VlD CARY shall provide to the Court, and to JENNIFER CARY the name and
address of any new employer.
IT IS ORDERED AND DECREED that, upon the request of an attorney, the Attorney
General, JENNIFER CARY, or DA VlD CARY, the Clerk ofthe Court shall cause a certified
copy of the Order Withholding from Earnings for Child Support to be delivered to any
r employer, whether current or subsequent, of DAVID CARY, and IT IS FURTIIER
-
ORDERED that the Clerk of this Court shall attach a copy of Section 158.201 through
(.'21"""
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I Section 158.211 of the Texas Family Code for the information of the emplox.~rh.\~:·T
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IT IS ORDERED that all payments shall be made through the state disbursement unit
at P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to
JENNIFER CARY for the support of the children.
,. IT IS FURTHER ORDERED that DAVID CARY shall notify this Court and
JENNIFER CARY by U.S. certi fied mai I, return receipt requested, of any change of address
.,. and of any termination of employment. This notice shall be given no later than seven days
after the change of address or the tennination of employment. This notice or a subsequent
notice shall also provide the current address of DAVID CARY and the name and address of
his current employer, whenever that information becomes available.
IT IS ORDERED that DAVID CARY shall pay, when due, all fees charged by the
i
agency through whom child support is paid.
..,.. Medical SUPJ!ort and Health Insurance
.,. IT IS ORDERED that medical support shall be provided for the children as follows:
l. DA VTD CARY's Responsibility-It is the intent and purpose ofthis order that
.,. DA VID CARY shall, at all times, provide medical support for the children as additional child
support. IT IS THEREFORE ORDERED that, as additional child support, DAVID CARY
shall provide medical support for the parties' children, for as long as child support is payable
under the terms of this order, as set out herein.
.,. 2. Definitions-
"Health insurance" means insurance coverage that provides basic health-care services,
including usual physician services, office visits, hospitalization, and laboratory, X-ray, and
emergency services, and may be provided in the form of an indemnity insurance contract or
,.. plan, a preferred provider organization or plan, a health maintenance organization, or any
combination thereof.
"Reasonable cost" means the cost of a health insurance premium that does not exceed
10 percent of the responsible parent's net income in a month.
3. Insurance through DA VTD CARY's Employment, Union, Tra~~';~~~;:~?5"~.
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•. ("11'"11;11 1 .....
or Other Organi7.ation-The Court finds that the children are currently enrolled as
- beneficiaries of a health insurance plan provided through DAVID CAR Y's employment or
membership in a union, trade association, or other organization at a reasonable cost. IT IS
ORDERED that DA VID CARY shall, at his sole cost and expense, keep and maintain at all
times in full force and effect the same or equivalent health insurance coverage that insures
the parties' children through DAVID CARY's employer, union, trade association, or other
organization, for as long as it is offered by his employer, union, trade association, or other
.,. organization. If his employer, union, trade association, or other organization subsequently
changes health insurance benefits or carriers, DAVID CARY is ORDERED to obtain and
.,. maintain the same or equivalent health insurance coverage for the benefit of the children on
the successor company or through such health insurance plan as is available through other
employment, union, trade association, or other organization or other insurance provider.
Insurance through JENNIFER CARY's Employment, Union, Trade Association, or
..,. Other Organization-If health insurance for the children ceases to be available through
DAVID CARY's employer, union, trade association, or other organization but is available
'or
at a reasonable cost through JENNIFER CARY's employer or other organization, JENNIFER
CAR Y is ORDERED to have the children covered on her health insurance and DAVID
CAR Y is ORDERED to pay JENNIFER CARY at her last known address the cost of
,.. insuring the children on JENNIFER CARY's health insurance plan, beginning on the fLrSt
day of the month following the date DAVID CARY first receives written notice of the
amount of the premium from JENNIFER CARY. Accompanying the first such written
notification and any subsequent notifications informing ofa change in the premium amount,
JENNIFER CARY is ORDERED to provide DAVID CARY with docwnentation from her
employer, union, trade association, or other organization of the cost to JENNIFER CARY
r of providing coverage for the children.
4. Conversion of Policy-IT IS ORDERED that if the party through whose
r FINAL ORDER
S:\CLI ENTS\Cary\Orden\FlnIIOrderModificationLAD.wpd
.,.
.,. insurance has been provided for the children is leaving that employment, union, trade
association, or other organization or for any other reason health insurance will not be
available for the children through the employment or membership in a union, trade
association, or other organization of either party at a reasonable cost, the party leaving
employment or losing coverage shall, within ten days of termination of his or her
.,. employment or coverage, convert the policy to individual coverage for the children in an
amount equal to or exceeding the coverage at the time his or her employment or coverage is
.,. terminated. Further, if that health insurance was available through JENNIFER CARY's
employment or membership in a union, trade association, or other organization, DAVID
CARY shall reimburse JENNIFER CARY for the cost of the converted policy as follows:
DA VlD CARY is ORDERED to pay to JENNIFER CAR Y at her last known address the cost
of insuring the children under the converted policy, on the first day of each month after
DA VID CARY receives written notice of the premium from JENNIFER CARY for payment.
Accompanying the rust such written noti fication and any subsequent notifications in forming
of a change in the premium amount, JENNIFER CARY is ORDERED to provide DAVID
CARY with documentation from the carrier ofthe cost to JENNIFER CARY of providing
coverage for the children.
5. JfPolicy Not Convertible-If the health insurance policy covering the children
,.. is not convertible at a reasonable cost and if no health insurance is available for the children
,.
through the employment or membership in a union, trade association, or other organization
of either party at a reasonable cost, IT IS ORDERED that DAVID CARY shall purchase and
maintain, at his sole cost and expense, health insurance coverage for the children [as set out
'T"' in paragraph 3. above. DAVID CARY is ORDERED to provide verification ofthe purchase
ofthe insurance to JENNIFER CAR Y at JENNIFER CARY's last known address, including
r the insurance certificate number and the plan summary, no later than ten (10) days following
the issuance of the policy.
6. Claim Forms-Except as provided in paragraph 8. below, the p*~~l~t
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.,. c'arrying the health insurance policy covering the children is ORDERED to submit to the
party carrying the policy, within ten days of receiving them, any and all forms, receipts, bills,
and statements reflecting the health-care expenses the party not carrying the policy incurs on
behalf of the children.
The party who is carrying the health insurance policy covering the children IS
ORDERED to submit aH forms required by the insurance company for payment or
reimbursement of health-care expenses incurred by either party on behalf of the children to
the insurance carrier within ten days of that party's receiving any form, receipt, bill, or
statement reflecting the expenses.
7, Constructive Trust for Payments Received-IT IS ORDERED that any
insurance payments received by a party from the health insurance carrier as reimbursement
.,. for health-care expenses incurred by or on behalf of the children shaH belong to the party
who incurred and paid those expenses. IT IS FURTHER ORDERED that the party receiving
or the insurance payments is designated a constructive trustee to receive any insurance checks
or payments for health-care expenses incurred and paid by the other party, and the party
carrying the policy shaH endorse and forward the checks or payments, along with any
explanation of benefits received, to the other party within three days of receiving them.
8. Filing by Party Not Carrying Insurance-In accordance with article 3.51-13 of
.,. the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health
,.
insurance policy covering the children may, at that party's option, file directly with the
insurance carrier with whom coverage is provided for the benefit of the children any claims
for health-care expenses, including but not limited to medical, hospitalization, and dental
-j
costs and receive payments directly from the insurance company.
,. 9. Secondary Coverage-IT IS ORDERED that nothing in this order shall prevent
either party from providing secondary health insurance coverage for the children at that
party's sole cost and expense. IT IS FURTHER ORDERED that if a party provides
'j secondary health insurance coverage for the children, both parties shall coope~,~t~f.:~~~>",
FINALORDER Pagell
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,. regard to the handling and fil ing of claims with the insurance carrier providing the coverage
.,. in order to maximize the benefits available to the children and to ensure that the party who
pays for health-care expenses for the children is reimbursed for the payment from both
carriers to the fullest extent possible.
10. Compliance with Insurance Company Requirements-Each party is
ORDERED to conform to all requirements imposed by the terms and conditions of the policy
of health insurance covering the children in order to assure maximum reimbursement or
direct payment by the insurance company of the incurred health-care expense, including but
not limited to requirements for advance notice to carrier, second opinions, and the like. Each
.,. party is ORDERED to attempt to use "preferred providers," or services within the health
maintenance organization, if applicable; however, this provision shall not apply if emergency
.,. care is required. Disallowance of the bill by a health insurer shall not excuse the obligation
of either party to make payment; however, if a bill is disallowed or the benefit reduced
because of the failure of a party to follow procedures or requirements of the carrier, IT IS
,. ORDERED that the party failing to follow the carrier's procedures or requirements shall be
wholly responsible for the increased portion of that bill.
IT IS FURTHER ORDERED that no surgical procedure, other than in an emergency
or those covered by insurance, shall be performed on the child unless the parent consenting
to surgery has first consulted with at least two medical doctors, both of whom state an
opinion that the surgery is medically necessat)'.lT IS FURTHER ORDERED that a parent
"j
who fails to obtain the required medical opinions before consent to surgery on the child shall
be wholly responsible for all medical and hospital expenses incurred in connection therewith.
'j' I fhealth insurance coverage for the children is provided through a health maintenance
organization (HMO) or preferred provider organization (PPO), the parties are ORDERED
j to use health-care providers who are employed by the HMO or approved by the PPO
whenever feasible. If health-care expenses are incurred by using that HMO or PPO plan,
j DA YID CAR Y is ORDERED to pay 50 percent and JENNIFER CARY is O~{~~~)f~:~~",
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FINAL ORDER Page22 ~.1 f~~~.<f'/ Y'" ~
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5'0 percent of all reasonable and necessary health-care expenses not paid by insurance and
incurred by or on behalf of the children, including, without limitation, any copayments for
office visits or prescription drugs, the yearly deductible, if any, and medical, surgical,
prescription drug, mental health-care services, dental, eye care, ophthalmological, and
orthodontic charges, for as long as child support is payable Wlder the terms of this order. 1f
a party incurs health-care expenses for a child by using the services of health-care providers
not employed by the HMO or approved by the PPO, except in an emergency, without the
written agreement of the other party, the party incurring the services is ORDERED to pay 50
percent and the other party is ORDERED to pay 50 percent of all reasonable and necessary
health-care expenses not paid by insurance and incurred by or on behal f of the children, as
,.
set out above. If a party incurs health-care expenses for a child by using the services of
health-care providers not employed by the HMO or approved by the PPO in an emergency
or with the written agreement of the other party, the party incurring the services is
.,.. ORDERED to pay 50 percent and the other party is ORDERED to pay 50 percent of all
reasonable and necessary health-care expenses not paid by insurance and incurred by or on
behalf of the children, as set out above.
IfDA VID CARY provides health insurance for the children through an HMO or a
'T'
PPO that does not provide coverage for the children where the children reside or have
network providers in the area where the children reside, DA VJD CARY is ORDERED to pay
'T'
100 percent of all reasonable and' necessary health-care expenses not paid by insurance and
incurred by or on behalf of the children.
If the children are enrolled in a health-care plan that is not an HMO ora PPO, DAVID
'j' CARY is ORDERED to pay 50 percent and JENNIFER CARY is ORDERED to pay 50
percent of all reasonable and necessary health-care expenses not paid by insurance and
'j incurred by or on behalf of the children, including, without limitation, the yearly deductible,
if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care,
ophthalmological, and orthodontic charges, for as long as child support is paya~~~f~?~~>,
... NALORDER
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.,.. terms of this order.
11. Payment of Uninsured Expenses-IT IS ORDERED that the party who pays
for a health-care expense on behalf of the children shall submit to the other party, within ten
,. days of receiving them, all forms, receipts, bills, and explanations of benefits paid reflecting
the uninsured portion of the health-care expenses the paying party incurs on behalf of the
.,. children. IT IS FURTHER ORDERED that, within ten days after the nonpaying party
receives the explanation of benefits stating benefits paid, that party shall pay his or her share
of the uninsured portion of the health-care expenses either by paying the health-care provider
directly or by reimbursing the paying party for any advance payment exceeding the paying
party's share of the expenses.
12. Exclusions-The provisions above concerning uninsured expenses shall not
.,. be interpreted to include expenses for travel to and from the health-care provider or for
,.
nonprescription medication.
13. Reasonableness of Charges-IT IS ORDERED that reasonableness of the
charges for health-care expenses shall be presumed on presentation of the bill to a party and
that disallowance of the bill by a health insurer shall not excuse that party's obligation to
make payment or reimbursement as otherwise provided herein.
14. Information Required-IT IS ORDERED that a party providing health
insurance shall furnish to the other party the following information no later than the thirtieth
day after the date the notice of the rendition of this order is received:
a. the Social Security number of the party providing insurance;
b. the name and address of the employer of the party providing insurance;
c. whether the employer is self-insured or has health insurance available;
d. proof that health insurance has been provided for the children; and
j e. the name of the health insurance carrier, the number of the policy, a copy of
the policy and schedule of benefits, a health insurance membership card,
,.. FINAL ORDER
S:\CLlENTS\Cary\Order,\FlnaIOrderModificationLAD.wpd
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employer is self-insured, a copy of the schedule of benefits, a membership
card, claim forms, and any other information necessary to submit a claim.
IT IS FURTIIER ORDERED that any party carrying health insurance on the children
...
shall furnish to the other party a copy of any renewals or changes to the policy no later than
the fifteenth day after the renewal or change is received.
IT IS FURTIIER ORDERED that a party providing health insurance shall provide to
the other party any additional information regarding health insurance coverage that becomes
available to the party providing insurance. IT IS FURTHER ORDERED that the information
shall be provided no later than the fifteenth day after the date the information is received.
15. Notice to Employer-On this date a Medical Support Notice was
signed/authorized to be issued by the Court. For the purpose of section 1169 of title 29 of the
United States Code, the party not carrying the health insurance policy is designated the
custodial parent and alternate recipient's representative.
16. Termination or Lapse of Insurance-I f the health insurance coverage for the
children lapses or terminates, DA VID CARY is ORDERED to notiry JENNIFER CARY not
later than the fifteenth day after the date of termination or lapse. Thereafter, the party ordered
to provide the health insurance coverage for the children, pursuant to the provisions found
r
herein above, is ORDERED to notiry the other party not later than the fifteenth day after the
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date the insurance becomes available and to enroll the children in a health insurance plan at
the next available enrollment period.
17. Place of Transmittal-IT IS ORDERED that all bills, invoices, statements,
claims, explanations of benefits, insurance policies, medical insurance identification cards,
- other documents, and written notices, as well as payments, required to be transmitted by one
party to the other under the health-care coverage and health insurance provisions ofthis order
-
.'
shall be transmitted by the sending party to the residence of the receiving party.
-
18. WARNING-A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL E~~~
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FINAL ORDER P.ge25~*{-··""::'~? \ ...,:~
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Cl-ULDREN, WITIlOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE
BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVlDED, AND FOR TIlE COST
OF HEALTH INSURANCE PREMIUMS OR CONTRJBUTIONS. IF ANY, PAID ON
BEHALF OF TIlE CHILDREN.
IT IS ORDERED that the provisions for child support in this order shall be an
obligation of the estate of DA VlD CARY and shall not terminate on the death of DA VID
CARY.
Required Information
'T"
The infonnation required for each party by section I 05.006(a) of the Texas Family
Code is as follows:
,.
Name: JENNIFER CARY
Social Security number:
,. Driver's license number and issuing state:
Current residence address:
,. Mailing address:
Home telephone number:
Name of employer: Jennifer Cary Designs
Address of employment:
.,.. Work telephone number:
Name: DAVID CARY
Social Security number:
Driver's license number and issuing state:
Current residence address:
Mailing address:
'j Home telephone number:
Name of employer:
...
.1 Address of employment:
j FlNALORDER
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Work telephone number:
.,.
Required Notices
.,. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
..,. CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
.,. EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE
NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE
TN ANY OF TIlE REQUlRED INFORMATION TO EACH OTHER PARTY, TIlE
COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60 rn DAY
.,. BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD
NOT HA VE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DA Y
.,. NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
BEFORE THE FIFTH DAY AFTER THE DATE n'IAT PARTY KNOWS OF TI-IE
CHANGE.
.,. THE DUTY TO FURNlSH THIS INFORMATION TO EACH OTHER PARTY,
THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
PERSON, BY VIRTUE OF THIS ORDER IS UNDER AN OBLIGATION TO PAY
CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
.,. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND TIlE STATE CASE REGISTRY WITH THE
'j
CHANGE IN TIlE REQUIRED INFORMATION MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
.,. FINDING OF CONTEMPTMA Y BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
-
TO SlX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
I JUDGMENT FOR PA YMENT OF ATTORNEY'S FEES AND COURT cg,~.l~;,
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Notice shall be given to the other party by delivering a copy of the notice to the party
by registered or ccrti tied mai I, return rcceipt requested. Notice shall be given to the Court by
..,.
delivering a copy of the notice either in person to the clerk of this Court or by registered or
certified mail addressed to the clerk at 210 South McDonald, McKinney, TX 75069. Notice
shall be given to the state case registry by mailing a copy of the notice to State Case Registry,
P.O. Box 12017, Austin, Texas 78711-2017.
Warn in es
..,. WARNINGS TO PARllES: FAlLURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MA Y RESULT IN
.,. FURTIlER LITIGA llON TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAYBE PUNISHED BY CONFINEMENT IN
JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION,
AND A MONEY JUDGMENT FOR PA YMENT OF ATTORNEY'S FEES AND COURT
.,. COSTS.
-.j
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN
.,. THE PARTY'S NOT RECEIVING CREDIT FOR MAKING TIlE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
.,. DENYING TI-IAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
CHILD DOES NOT JUSTIFY FAILURE TO PA Y COURT-ORDERED CHILD SUPPORT
"T'
TO THAT PARTY.
j"
Attornev's Fees
IT IS ORDERED that JENNIFER CARY is granted ajudgment against DAVID CARY for
..,. $416,543.16 for reasonable and necessary attorneys' fees incurred by her in obtaining orders
pertaining to the children the subject of this suit. The Court fmds this judgment is necessary to aid
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.,. " . -against DAVID CARY for $416,543.16, such judgment bearing interest at 8.25% per annum
.,. compounded annually, pursuant to the Texas Finance Code, section 304.003(c) and the Consumer
Credit Commission, from the date the judgment is signed until paid, for which let execution issue
if it is not paid. IT IS FURTHER ORDERED that all writs necessary to enforce this
.,..
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judgement be issued.
..,.
I
Subject to the two paragraphs found immediately herein above, IT IS ORDERED that
JENNIFER CARY is responsible and shall pay all attorney fees, costs and expenses incurred
.,. by her or on her behalf in this litigation and the associated litigation, Cause No. 05-1941 0- Y,
in the 330lh District Court, Dalla') County, Texas.
Subject to the two paragraphs found immediately herein above, IT IS ORDERED that
DA VlD CARY is responsible and shall pay all attorney fees, costs and expenses incurred by
T him or on his behalf in this litigation and the associated litigation, Cause No. 05-19410- Y,
in the 330 th District Court, Dallas County, Texas.
Discharre from Discovery Retention Requirement
.,. IT IS ORDERED U1at the parties and their respective attorneys are discbarged from
the requirement of keeping and storing the documents produced in this case in accordance
with rule 191.4(d) of the Texas Rules of Civil Procedure.
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is
j"
denied. All other terms of the prior final orders not specifically modified in this order shall
,. remain in full force and effect. IT IS FURTIIER ORDERED AND DECREED that this
Order resolves all issues and all parties and is final and appealable.
Date of Order
i
This ORDER was judicially PRONOUNCED AND RENDERED in court at
McKinney, Collin County, Texas, on the 25 th day of October, 2006, and further noted on the
-
eet on the October 25, 2006, same date, and further signed by this Court
~~~~:J..t-' 2006.
j FINAL ORDER
S:\CLIENTS\CBry\Orden\Fln810rdcrModificationLAD.wpd
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JUDGE PRESJD1N'6
.,.
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
JENNIFER CARY, Petitioner
..,.
.,. DA VID CARY, Respondent
.,. APPROVED AS TO FORM ONLY:
Laurence A. DePlaza, P.C.
5172 Village Creek Drive # 103
Plano, TX 75093
Tel: 972-380-4222
or Fax: 972-380-4229
By:
Laurence A. DePlaza
State Bar No. 02655840
Attorney for Jennifer Lynn Cary
Rick Robertson
5700 West Plano Parkway, Suite 2200
j'"
Plano, TX 75093-2411
Tel: 972-769-2727
Fax: 972-769-0313
or
By:
Rick Robertson
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State Bar No. 17070700
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Attorney for Jennifer Lynn Cary
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FrNALORDER
S:\CLlENTS\Cary\Orden\F1naIOrderModifKationLAD.wpd
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---- - --- ._------------------------
Gunnstaks Law Office
15 150 Preston Rd., Ste. 300
Dallas, TX 75248
Tel: 972-392-2300
Fax: 972-763-2469
to
By:
C. Luke Gunnstaks
Stale Bar No. 08624370
Attorney for David F. Cary
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STATE Of n-XAS )
..
COUNTY OFl"OlliN )
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1211712009 4:30 PM SCANNED
"'T"
NO. 380-54606-03
,. IN THE INTEREST OF §
§
IN THE DISTRICT COURT
,. AND
§
380TH JUDICIAL DISTRICT
§
§
CHILDREN § COLLIN COUNTY, TEXAS
T ORDER ON MOTION FOR SANCTIONS
On April 23, 2007 the Court considered the Motion for Sanctions of JENNIFER LYNN
j
CARY in relation to the Original Petition to Modify Child Support in Suit Affecting Parent-
i Child Relationship and Motion to Transfer filed by DA VID FREDERICK CARY on January 23,
2007.
T Movant, JENNIFER LYNN CARY, appeared through attorney of record, Rick
Robertson.
T
Respondent, DAVID FREDERICK CARY, appeared through attorney of record, C. Luke
T Gunnstaks.
The Court finds that on October 23,2006 it rendered a decision modifying the parties'
'T
Final Decree of Divorce and setting child support. The Final Order of Modification evidencing
T that decision was signed by the Court on December I, 2006.
The Court finds that on January 23,2007 DAVID FREDERICK CARY filed an Original
T
Petition to Modify Child Support in Suit Affecting Parent-Child Relationship and Motion to
,
j Transfer. Said Petition alleged:
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J) The Petitioner has securedfoll-time employment at a salary higher than that
j
attributed to him at the time of hearing or entry of either of the alternative orders
to be modified;
i
2) Petitioner has remarried and as a result the amount ofhis reasonable and
j necessary monthly expenses have changed since entry of either of the alternative
orders to be modified.
j
The Petition was signed by DAVID FREDERICK CARY's attorney, C. Luke Gunnstaks and
j verified by DAVID FREDERICK CARY. Subsequently this Court conducted a hearing on
DA VID FREDERICK CARY's Motion to Transfer which was denied. DAVID FREDERICK
r CARY filed a Writ of Mandamus with the Court of Appeals which was denied and then with the
Supreme Court of Texas which was also denied.
T
The Court finds that the evidence from DAVID FREDERICK CARY substantiated both
T a forty-three percent (43%) increase in his income and a $3,000.00 per month decrease in his
expenses since the rendition of the prior order. Additionally, the Court finds that DAVID
T
FREDERICK CARY incurred attorney's fees and expenses of $50,000.00 in this lawsuit. The
j Court further finds that DAVID FREDERICK CARY and his attorney, C. Luke Gunnstaks,
knew at the time each of them signed the Petition that neither the allegations in the Petition nor
j
the facts upon which they were based justified a decrease in child support.
- J
The Court finds that DAVID FREDERICK CARY'S Motion to Modify in Suit Affecting
the Parent-Child Relationship was filed frivolously or designed to harass JENNIFER LYNN
T CARY.
T Orda- on Motion for Sanctions - Page 2
r4691.0 Ilk:\data\rlr\cary\modifj cation2\order on motion fOT sanctions:wpd
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,. The Court further finds that DAVID FREDERICK CARY's Motion to Modify in Suit
Affecting the Parent-Child Relationship was groundless and brought in bad faith in violation of
,. Section 10.001 of the Texas Civil and Practice and Remedies Code and Texas Rules of Civil
,.
Procedure 13.
The Court notes the file in this case and the history and course of the dealings between
,. the parties along with previous motions filed by DAVID FREDERlCK CARY and addressed by
,.
this Court. In particular, the Court further notes that there is a history of motion practice by
DAVID FREDERICK CARY and his attorney, which the Court deems as having been improper
- I
and that the Court finds have directly resulted in wmecessary harassment and expenses
incurred by JENNIFER LYNN CARY. More importantly, the Court believes and finds that the
j childrens' well being has suffered due to expenses incurred for attorneys' fees. The Court
further notes that the previous judgment enumeraled in the December 1, 2007 order in the
amount of$416,543.16 has gone unsatisfied. Consequently, the Cow1 believes that it must set a
sanction in an amount sufficient to deter any future "improper" motions and legal action by
j
DAVfD FREDERICK CARY and his attorney, which will result in Petitioner and her children
j having to incur further needless attorneys' fees and expenses as well loss oftime in dealing with
future motions without merit or that will further result in the harassment of Petitioner.
j
A sanction against DAVID FREDERICK CARY in the form of a monetary payment of
j $50,000.00 is appropriate to deter repetition of his sanctionable conduct or comparable conduct
by others similarly situated. See Tex. Civ. Prac. & Rem Code § 10.OO4(b) and (c)(2).
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[4691.01 }k:\datll\rIr\cary\modific8tion 2\order 00 motion for sanctions.wpd
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A sanction against C. LUKE GUNNSTAKS in the form of a monetary payment of
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$50,000.00 is appropriate to deter repetition of his sanctionable conduct or comparable conduct
by others similarly situated. See Tex. Civ. Prac. & Rem Code § 10.004(b) and (c)(2).
i
The sanctions imposed herein are appropriate, just and proper under the facts and
i circumstances of this case.
IT IS THEREFORE ORDERED that DAVID FREDERICK CARY pay sanctions in the
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amount of $50,000.00 to JENNIFER LYNN CARY through her attorneys, Koons, Fuller,
I Vanden Eykel & Robertson, P.C., at 5 00 W. Plano Parkway, Suite 2200, Plano, Texas 75093,
on or before 5 :00 p.m. on ;)-~ ,2007.
T
Additionally, IT IS 0 C. LUKE GUNNST AKS pay sanctions in the
T amount 0[$50,000.00 to JENNIFER L CARY through her attorneys, Koons, Fuller,
W. Plan?:ay, Suite 2200, Plano, Texas 75093,
j
on or before 5:00 p.m. on ---f--F-"-----><;.-¥-.=.~---, 2007.
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STATE OF TF.XAS I
COUNT Y OF ('ULLIN I
,
1211712009 4:29 PM SCANNED
•
No. 380-54606-03
..
In the Interest of In The District Court of
Collin County, Texas
r and
380th Judicial District
r
Order Approving Receiver's ht Interim Application For
Authority To Disburse Funds And Approval Of Receiver's Fees
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CAME ON TO BE CONSIDERED on this day the receiver's 1st Interim Inventory and
Receiver's 1st Interim Application For Authority To Disburse Funds And Approval of Receiver's Fees.
The Court, after considering the papers herein on file, and the testimony and arguments of counsel, finds
that the parties have been properly served with notice and are before the Court.
The Court finds that the time and expenses spent by the receiver, and the fees charged as shown
T
in the Application are reasonable and were necessary in the perfonnance of the receiver's duties, and
they are Approved. The actions taken by the receiver to date are approved in all respects.
r It is Ordered that the I st Interim Inventory filed by the receiver, Michael S. Bernstein, IS
approved in all respects;
j the receiver, Michael S. Bernstein, is directed and authorized to distribute to the plaintiff,
,. Jennifer Cary, the amount of$55,542.38 out of the receivership funds; it is further
Ordered that 8,435.00 is approved as a reasonable and necessary receiver's fee for the period
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STATE Of Tf.xAS I
COUNTY Of COLLIN I
I. Hanllllh K""IJ(.I)o~ CIcrtI in and fOf Collin C~ Tna. do
IIcmIy CCI1il)' that lhc abo\~ rORfoin, i, • rruc and C'tlrTM c~· (1f lhc
.. .•
arifinal docIe~l as 1hc _ ~ CX11hc file in (he OIS1riCl Coutt.
CoIl!ph~' ~ W~ my'" JI)I!~-' 01 U1d COIII1.lhis
~.,aI~~~ l.U.
HAN H K HK 0 I CL
COl Ne NT S
.,. 1/2912009 12:19 PM SCANNED
NO. 380-54606-03
IN THE INTEREST OF § IN THE DISTRICT COURT
§
AND
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§ 380TH JUDICIAL DISTRICT
§
CmLDREN § COLLIN COUNTY, TEXAS
PETITION TO MODIFY PARENT-cmLD REI,ATIQNSHIP
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1. Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Parties and Order to Be Modified
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This suit to modify a prior order is brought by Dave Cary, Petitioner. The last three digits
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of the social security number of Dave Cary are . The last three digits of the driver's license
number of Dave Cary are . Respondent is Jennifer Cary. Petitioner is the father of the children
r and has standing to bring this suit. The requested modification will be in the best interest of the
children.
The order to be modified is entitled Final Order of Modification and was rendered on
r December I, 2006.
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3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
4. Children
The following children are the subject of this suit:
Name:
i Sex: Female
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Birth date:
County of residence: Collin
j Name:
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Petition to Modify Parent-Child Relationship - 1-9-09
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Sex: Female
Birth date: 0
County of residence: Collin
.,. 5. Parties Affected
The following parties may be affected by this suit:
i Name: Jennifer Cary
Relationship: mother
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Process should be served at 5520 Gleneagles Drive, Plano, Texas 75093
6. Health Insurance In/ormation
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Infonnation required by section 154.l81(b) of the Texas Family Code is provided in the
statement attached as Exhibit A.
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7. Children's Property
j There has been no change of consequence in the status of the children's property since the
prior order was rendered.
r 8. Modification o/Conservatorship, Possession and Access
The order to be modified is not based on a mediated or collaborative law settlement
r agreement. The circumstances of the children, a conservator, or other party affected by the order to
be modified have materially and substantiaJly changed since the date of rendition of the order to be
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modified.
Petitioner requests that he be named the sole managing conservator of the children with all
r rights and duties attendant thereto. In the alternative, Petitioner requests that he be appointed as the
r Joint Managing Conservator who has the right to designate the primary residency ofthe children.
Petitioner requests that the rights and duties ofthe respective conservators of the children be
j modified to provide as follows: that Petitioner be given the primary right of possession of the
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children, the sole right to establish the domicile ofthe children, the sole rig4~\to,mak!1 educational
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j decisions for the children and the sole right to make medical and
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Petition to Modify Parent-Child Relationship - 1-9-09
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children.
.,. Petitioner requests that the tenns and conditions for access to or possession of the children
be modified to provide as follows: to give Petitioner primary possession of the chHdren and provide
.,. a possession schedule with the children for Respondent under such times and such conditions that
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will be in their best interests ..
Respondent has a history or pattern of emotional abuse directed against
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and in that she actively attempts to alienate the children from their
father. Petitioner requests that the Court render a possession order that provides that Respondent's
.,. periods of visitation be continuously supervised by an entity or person chosen by the Court until
Respondent has received the proper treatment and been released by a Court-appointed therapist
The requested modification is in the best interest of the children.
9. Support
The order to be modified is not based on a mediated or collaborative law settlement
agreement. The circumstances of the children or a person affected by the order have materially and
substantially changed since the date of the rendition of the order to be modified, and the support
,. payments previously ordered should be decreased or tenninated. The support payments previously
ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family
Code, and the requested decrease or termination would be in the best interest of the children.
Petitioner requests that any decrease or termination be made retroactive to the earlier of the time of
j service of citation on Respondent or the appearance of Respondent in thi s modi fication action. Upon
the rendering of the final order in this case Petitioner requests that Respondent be ordered to make
child support payments to him in accordance with the guidelines set forth in the Family Code.
The requested modification is in the best interest of the children.
10. Request for Temporary Orders
Petitioner requests the Court, after notice and hearing, to make ,~~~~~~rs for the
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safety and welfare of the children, including but not limited to the
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Reducing Petitioner's obligation to pay child support to guideline child support, or
..,. alternatively abating any such obligation .
Enjoining Respondent from removing the children beyond a geographical area identified by
the Court, acting directly or in concert with others.
Ordering the psychological evaluation of the children to detennine if Respondent is
.,. attempting to alienate the children from Petitioner, their father and, if necessary, therapy for the
children.
Allowing Petitioner to pick up the children from school for his weekend and holiday
,. possession periods.
ll. Collin County Standing Order
,. Attached hereto as "Exhibit A" and incorporated by reference herein as if recited verbatim,
are the Collin County District Courts General Orders (Collin County Standing Order Regarding
T Children, Property and Conduct of the Parties). Petitioner requests that this Order continue in full
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force and effect as a temporary injunction until further order of this Court .
I 12. Requeslfor Permanenllnjunction
Petitioner requests the Court, after trial on the merits, to grant the following permanent
injunction enjoining Respondent from:
,. a.
b.
Disturbing the peace of the children or of another party.
Withdrawing the children from enrollment in the school or day-care facility where
the children are presently enrolled.
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c. Hiding or secreting the children from Petitioner.
d. Making disparaging remarks regarding Petitioner or Petitioner's family in the
presence or within the hearing of the children.
e. Removing the children from the jurisdiction of this Court with the intent of changing
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their residence and/or depriving this Court of jurisdiction.. """?,\CT''2.''''''",,
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13. Request for AI/arney's Fees. Expenses. Costs. and Interest
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,. It was necessary for Petitioner to secure the services of Patricia D. Keane a licensed attorney,
to preserve and protect the children's rights. Respondent should be ordered to pay reasonable
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attorney's fees, expenses, and costs through trial and appeal, and ajudgment should be rendered in
favor of this attorney and against Respondent and be ordered paid directly to Petitioner's attorney,
who may enforce the judgment in the attorney's own name. Petitioner requests post judgment interest
as allowed by law.
14. Prayer
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Petitioner prays that citation and notice issue as required by law and that the Court enter its
orders in accordance with the allegations contained in this petition.
Petitioner prays that the Court immediately grant a temporary restraining order restraining
Respondent, in confonnity with the allegations of this petition, from the acts set forth above, and
Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary
r injunction.
Petitioner prays that, on final hearing, the Court enter a pennanent injunction enjoining
Respondent, in confornlity with the allegations of this petition, from the acts set forth above.
Petitioner prays for temporary orders in confonnance with this pleading.
Petitioner prays for attorney's fees, expenses, costs, and interest as requested above.
Petitioner prays for general relief.
r Respectfully submitted,
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J Keane Fowler & Donohue
2208 Routh Street
Dallas, TX 7520 I
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Tel: (214) 871-9100
Fax: (214) 871-2426
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By: ,.-:y:/u, i j). /) .ecl it "
PatrICia D. Keane ..... .
State Bar No. 11139450 ",<j~:.'.:::.
J Attorney for Petitioner /Q'>..... .
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COLLIN COUNTY DISTRICT COURTS
GENERAL ORDERS
COLLIN COUNTY STANDING ORDER REGARDING CHILDREN.
PROPERTY AND CONDUCT OF THE PARTIES
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No party to this lawsuit has requested this order. Rather, this order is a standing
order of the Collin County District Courts that applies in every divorce suit and every suit
affecting the parent-cruld relationsrup filed in Collin County. The District Courts of
Collin County have adopted trus order because the parties and their children should be
protected and their property preserved while the lawsuit is pending before the court.
Therefore it is ORDERED:
,. I. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from
doing the following acts concerning any children who are subjects of this case:
1.1 Removing the children from the State of Texas, acting directly or in
concert with others, without the written agreement of both parties or an
order of this Court.
;- 1.2 Disrupting or withdrawing the children from the school or day-care
facility where the children are presently enrolled, without the written
agreement of both parents or an order of this Court.
l' 1.3 Hiding or secreting the children from the other parent or changing the
children's current place of abode, without the written agreement of both
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parents or an order of this Court.
Disturbing the peace of the children.
Making disparaging remarks about each other or the other person's family
members, to include but not be limited to the child's grandparents, aunts,
uncles, or stepparents.
1.6 Discussing with the children, or with any other person in the presence of
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the children, any litigation related to the children or the other party.
1.7 {fthis is an original divorce action, allowing anyone.with whom the party
J is romantically involved, to remain over night in the home while in
possession of the child. Overnight is defmed from 10:00 p.m. unliI7:00
a.m.
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2. CONDUCT OF THE PARTIES DURING THE CASE. Both parties arc
ORDERED 10 refrain from doing the following acts:
r 2.1 Using vulgar, profane, obscene, or indecent language, or a coarse or
offensive manner to communicate with the other party, whether in person,
by telephone, or in writing.
2.2 Threatening the other party in person, by telephone, or in writi~~,\f?J~e
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J W1lawful action against any person.
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2.3 Placing one or more telephonc calls, at an unreasonable hour, in an oTfensive
or repetitious manner, without a legitimate purpose of communication, or
anonymously.
2.4 Opening or diverting mail addressed to the other party.
i 3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE
CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from
,.. doing the following acts:
3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
3.2 Misrepresenting or refusing to disclose to the other party or to the Court, on
proper request, the existence, amount, or location of any property of one or
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both of the parties.
3.3 Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
3.4 Tampering with the tangible property of one or both of the parties, including
any document that represents or embodies anything of value, and causing
pecuniary loss to the other party.
j 3.5 Seiling, transferring, assigning, mortgaging, encumbering, or in any other
manner alienating any of the property of either party, whether personal
property or real estate property, and whether separate or community, except as
specifically authorized by this order.
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3.6 Incurring any indebtedness, other than legal expense in connection with this
suit, except as specifically authorized by this order.
3.7 Making withdrawals from any checking or savings account in any financial
J institution for any purpose, except as specifically authorized by this order.
3.8 Spending any sum of cash in either party's possession or subject to either
party's control for any purpose, except as specifically authorized by this order.
j 3.9 Withdrawing or borrowing in any marmer for any purpose from any
retirement, profit-sharing, pension, death, or other employee benefit plan or
employee savings plan or from any individual retirement account or Keogh
account, except as specifically authorized by this order.
T 3.10 Signing or endorsing the other party's name or any negotiable instrument,
check, or draft, such as tax refunds, insurance payments, and dividends, or
attempting to negotiate any negotiable instrument payable to the other party
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without the personal signature of the other party.
3.11 Taking any action to terminate or limit credit or charge cards in the name of
the other party.
3.12 Entering, operating, or exercising control over the motor vehicle in the
possession of the other party.
3.13 Discontinuing or altering the withholding for federal income taxes on wages
or salary whlle this suit is pending.
j 3.14 Terminating or in any manner affecting the service of water, electricity, gas,
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telephone, cable television, or other contractual services, such as\~~ur.i~, pest
control, landscaping, or yard maintenance at the other party,:~~~.~n""
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any manner attempting 10 withdraw any deposits for service in connection
with such services.
3.15 Intercepting or recording the other party's electronic communications.
4. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. If this is a divorce
case, both parties to the marriage are ORDERED to refrain from doing the following acts:
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4.1 Concealing or destToying any family records, property records, financial
records, business records or any records of income, debts, or other obligations.
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4.2 Falsifying any writing or record relating to the property of either party .
4.3 "Records" include e-mail or other digital or electronic data, whether stored on
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a computer hard drive, diskette or other electronic storage device.
INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the
marriage are ORDERED to refrain from doing the following acts:
5.1 Withdrawing or borrowing in any manner all or any part of the cash surrender
value of life insurance policies on the Ii fe of either party, except as
specifically authorized by this order.
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5.3
Changing or in any manner altering the beneficiary designation on any life
insurance on the life of either party or the parties' children.
Canceling, altering, or in any manner affecting any casualty, automobile, or
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health insurance policies insuring the parties' property of persons including
the parties' minor children .
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6. SPECIFIC AUTHORIZA TlONS IN DIVORCE CASE. If this is a divorce case, both
parties to the marriage are specifically authorized to do the following:
6.1 To engage in acts reasonably and necessary to the conduct of that party's
usual business and occupation.
6.2 To make expenditures and incur indebtedness for reasonable attorney's fees
and expenses in connection with this suit.
6.3 To make expenditures and incur indebtedness for reasonable and necessary
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living expenses for food, clothing, shelter, transportation and medical care.
6.4 To make withdrawals from accounts in financial institutions only for the
J purposes authorized by this order.
,.. 7. SERVICE AND APPLICATION OF THIS ORDER.
7.1 The Petitioner shall attach a copy of this order to the original petition and to
each copy of the petition. At the time the petition is filed, if the Petitioner has
failed to attach a copy of this order to the petition and any copy of the petition,
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the Clerk shall ensure that a copy of this order is attached to the petition and
every copy of the petition presented.
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7.2 This order is effective upon the filing of the original petition and sball remain
in full force and effect as a temporary restraining order for fourteen days after
j the date of the filing of the original petition. I f no party contests this order by
presenting evidence at a hearing on or before fourteen days after the date of
the filing of the original petition, this order shall continue ~JutJ,:.fqt~aq~
effect as a temporary injunction until further order of~®\:tbif.@!~~1\
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order will terminate and will no longer be effective when the court signs a
final order or the case is dismissed. . .
., 8. EFFECf OF OTHER COURT ORDERS. If any part of this order is different from
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any part of a protective order that has already been entered or is later entered, the
protective order provisions prevail. Any part of this order not changed by some later
order remains in full force and effect until the court signs a final decree,
9. PARTIES ENCOUMGED TO MEDIATE, The parties are encouraged to settle
their disputes amicably without court intervention, The parties are encouraged to use
alternative dispute resolution methods, such as mediation, to resolve the conflicts that
may arise in this lawsuit
T THIS COLLIN COUNTY STANDlNG ORDER REGARDlNG CHILDREN, PROPERTY
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AND CONDUCf OF THE P ARTlES SHALL BECOME EFFECfIVE ON
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JUDGE CHARLES SANDOVAL GE CHRIS OLDNER
380lh • 416 1h Disy.<'.... V'o'.V
T JUDGE T HENDERSON G NATHAN WHITE
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fuDGE~
40 \It District Court
JUDG IA WHELESS
417 th District Court
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STATE Of TEXAS I
COUNTY OI't"OLLIN I
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31312009 324 PM SCANNED
972 991 8910 P.002
MAR-03-2009 11:56 COLLINS BASINGER PULLMAN
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CAUSE NO. 380-54606-03
,. IN THE INTEREST OF §
§
IN THE DISTRlCT COURT
§ 380 TIt JUDICIAL DISTRICT
,. AND §
§
MINOR CHILDREN § COLLIN COUNTY, TEXAS
,.. JENNIFER CARY'S MonON TO RECUSE
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COMES NOw, JENNIFER CARY, Respondent, and files this Motion to ReCl.Lft wherein
JENNIFER CARY asks the presidins judge of the Court to recuse herself.
I. INTRODUCTION
JENNIFER CARY is the Mother of the Children and Respondent in this matter.
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DA VID FREDRICK CARY is the Father of the Children and Petitioner in this matter.
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II. FACTS
JENNlFER CARY filed this motion less than ten days before this case is set for hearing
r before the Court on a "Motion to Reconsider Order on Sanelio'lI;·· & "Order Appointing Receiver . ..
On February 25, 2009, JENNIFER CARY hired the firm of Collins, Basinger & Pullman,
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P.C., which is the fum in which the presiding judge of the 380 Judicial District Cowt was
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associated with as a director prior to her election to the bench of said court. Further, Alma R.
Benavides, one of the attorneys representing Ms. Cary, was the treasurer of the presiding judge
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during her campaign prior to her election and presently remains treasurer of same. On February 26,
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2009, Alma R. Benavides filed Respondent's Original Answer to the recent Perition 10 Modify In
Suit Affecting lhe Parent-Child Relationship filed by Mr. Cary during the month of January 2009.
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.,. MAR-03-2009 11:56 COLLINS BASINGER PULLMAN 972 991 8910 P.003
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appearance, tbe following cOWlSel appeared before the Court:
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, a,
b.
Luke Gunnstaks - on the motions set forth above:
Byron Henry, Cowles & Thompson. representing Jennifer Cary as related to the
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motions set forth above; and
, c, Patricia Keane, Keane Fowler & Donohue, representing David Fredrick Cary -
attorney who filed Petition to Modify in Suit Affecting the Parent-Child Relationship;
and
"T' d, Alma R. Benavides, Collins Basinger & Pullman, representing Jennifer Cary -
attomey who filed Respondent's Original Answer in response to the Petition to
,. Modify in Suit Affecting the Parent-Child Relationship.
At the initial appearance before the Court, the Honorable Suzanne Wooten presiding,
informed all counsel present of the following:
a. Ms. Keane, the attorney representing Mr. Cary, by and through her finn made
flOancial donations to the judge's campaign:
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b. Mr. Gunnstaks endorsed the presiding judge by picking up and displaying signs for
her election during the campaign;
c. Mr. Cary endorsed the presiding j udge by picking up signs for her election during the
campaign - display of same is unknown at the time of the filing of t.Ns motion;
d. Ms. Benavides was an associate of Collins , Basinger & Pullman, P.e. the finn with
which Judge Wooten was previously a partner; and
l' c. Ms. Benavides was Judge Wooten's campaign treasurer prior to her dection, and
would likely continue to remain as treasurer in the future.
Judge Wooten from the bench, acknowledged the potential that her relationships would be
brought into question and that she was inclined to recuse herself without a fonnal motion.
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Judge Wooten asked whether the parties would waive the "conflict." \Vhile Ms. Keane and
Mr. Gunostaks expressed their waiver of the conflicts set forth above, a request was made by the
Court to inquire as to whether the clients for Ms. Keane and Ms. Benavides would also waive the
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conflict. Ms. Benavides, after discussion and disclosure with Ms. Cary of the infonnation presented
j by the Court at the onset of the hearing, informed the Court that Ms. Cary would not waivt! the
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- COLLINS BASINGER PULLMAN
MAR-03-2009 11:56 972 991 8910 P.004
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the judge's failure to recuse herself. In addition, as set forth intra, Movant does Dot believe a waiver
.,.. is even possible to cure the problem. The Court requested a formal Motion /0 Recuse to be filed with
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the Court which would be taken under advisement.
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In. ARGUMENT TN SUPPORT OF RECl:SAL
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JENNIFER CARY would show that the history involving the case at bar has been highly
contentious. While the current primary issues before the Court arc the "Motion to Reconsider Order
'T on Sanctions" &- "Order Appointing Receiver." the parties are once again involved in more litigation
,.. involving the children as a result of DAVID FREDERICK CARY's request for modification of
prior orders.
j' There is no allegation that Judge Wooten would be biased in this proceeding. However,
based upon the strong possibility that any decision made by Judge Wooten will be subject to
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comment, speculation and/or more litigious action - including appellate review - depending on the
ruling of the court as related to the pending motions and as to who the outcome would favor.
JENNIFER CARY believes that in the interest of all parties and counsel involved and to avoid any
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appearance of impropriety, the Honorable Suzanne Wooten should recusc herself.
IV. AUTHORITIES IN FURl'HER SUPPORT OF RECUSAL
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The due process clauses of both the Texas and United States Constitutions guarantee a party
an impartial and disinterested tribunal in civil cases. Marshall v. Jerico. Inc .. 446 U.W. 238, 242
j (1980); Metzger v. Stbek. 892 S.W.2d 20. 37-38 (Tex. App. - Houston [I SI Dist.JI994, writ denied).
JENNIFER CARY asserts that based upon the history of the litigious history of the casc, that
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allegations will be made that either she or DA VlD FREDRICK CARY were deprived ofa fair trial
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r MOTION TO II.CCUJ;£
,. MAR-03-2009 11:56 COLLINS BASINGER PULLMAN 972 991 8910 P.OOS
(empbasu added1 be reasonably questioned as a result of the disclosures made by Judge Wooten at
the on.~t ofthehcaring scheduled on March 2, 2009. Tex. R. Civ. P. 18b(2)(a); Woodruffv. Wrighr.
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51 S. W. 3d 727, 735-36 (Tex. App. - Texarkana 2001, pet. denied).
The inquiry the Court must make is whether a reasonable member of the public, knowing all
the facts in the public domain, would have a reasonable doubt that a judge is actually impartial.
.,.
Sears v. Olivarez. 28 S. W. 3d 611, 613 (Tex. App. -. Corpus Christi 2000, no pet.); Je~ also
Woodruff 51 S.W. 3d at 736 (reasonable person standard). JENNIFER CARY asserts that based
on the fact that three out of the four COUDSei who appeared before the Court, including Mr. Cary
,. himself who was in the courtroom but not before the bench, supported Judge Wooten during her
campwgn, and, if in fact a decision was made in favor of one party versus the other, such dccision
would be subject to speculation, comment and likely, appellate review.
The issue is Dot ODe of conflict but the appearaDcr of impropriety. The Court raised the
issue of the parties wa,jving the conflict. It is Movant's position that this type of situation cannot bc
waived. Canons 1 and 2 of the Code of Judicial Conduct refer to the "appearance of impropriety,"
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and the independence of the judiciary. Canon 2 also refers to the ''impression that they are in a
T special position to influence the judge." The purposes of these provisions are not to protcc1 the
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parties, who could waive aconilict, but to protect the judicial process itself. Movant requests thc
Court to recuse herself so that no one can even question this Court's impartiality.
T V. NOTICE TO OTHER PARTIES
A copy of this Motion is served on the other parties on the same day as this motion is filed.
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JENNIFER CARY expects this motion to be presented to the judge with the utmost priority after it
r is filed.
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T MOTION TO RECUSE
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MAR-03-2009 11:56 COLLINS BASINGER PULLMAN 972 991 8910 P.006
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VI. CONCLUSION
,. JENNIFER CARY re-asserts paragraphs r - TV as set forth herein in her Motion {O Recuse.
JENNIFER CARY further requests the Court to move forward with the Court's initial instinct to
recuse herself from the case at bar.
PRAYER
For the reasons set forth herein, JENNIFER CARY asks the judge of the court either to
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recwe herself and request that the presiding judge of this administrative judicial district assign
another judge to this case, or in the alternative, to refer this motion to the presiding judge of this
administrative district for a hearing on this motion.
'i Respectfully submitted by.
(
COLLINS BASINGER & PULLMAN P.c.
One Linc<>ln Centre
r 5400 LBl Freeway, Suite 525
Dallas, TX 75240-1012
Telephone: (972) 661-2622
Facsimile: (972) 991-8910
ATTORNEYS FOR RESPONDENT
JENNIFER CARY
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CERTmCA n: OF SERVlCE
I The undersigned counsel bereby certifies that a true copy of this instrument was served on
each attorney of record or party in accordance with the Texas Rules of Civil Procedure on March J.
/l~"in!
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I 2009.
JIlt
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MOTION TO RECUSE
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MAR-03-2009 11:56 COLLINS BASINGER PULLMAN 972 991 8910 P.OO?
. .,..
VERIFICATtON
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned notary, on this day personally appeared Kyle G. Basinger, a
person whose identity is known to me. After I administered an oath to affiant, affiant testified as
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follows:
"My name is Kyle G. Basinger. I am capable of making this verification. I read the above
MOlion 10 Recuse and the facts stated in it arc within my personal knowledge and are tru~ and
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correct."
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SIGNED OD this 3rd day ofMarcb 2009, before me, the undersigned Notary Public. in and
for the State of Texas.
j
Notary Public
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I MOTION TO JU;cust
MAR-03-2009 11:56 COLLINS BASINGER PULLMAN 972 991 8910 P.008
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r AFFIDAVIT
t STATE OF TEXAS §
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COUNTY OF DALLAS §
Before IDe, the undersigned notary, on this daypcrsonally appeared JENNIFER CARY, the
,.. Affiant, a person whose identity is known to me. After I administered an oath to a.ffiant, affiant
testified as follows:
I "My name is JENNIFER CARY. I am over 18 years of age. of sound mind, and capable of
'r making this Affidavit. The facts as stated herein are within my personal knowledge and are true and
j correct."
"I have reviewed the Motion (0 Recuse and 1 adopt all statements made in the motion as my
T own."
"While I have no reason to question Judge Wooten's impartiality in this proceeding, 1 do
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have a strong reason to believe, based not only on the history of thl! case beinS highly litigated but
j based upon the disclosures made in open court on March 2, 2009, that any decision made by Judge
Wooten would be subject to eorronent, speculation and/or more litigious action - including appc1!ate
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review."
j "I believe, in the interest of all parties and counsel involved, to avoid any appearanC:1! of
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imp'OP'~ty by Judge Wooko, that Judge Wooten should voluntarily lttuse herself:"
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FURTHER AFFIANT SA YETH NOT.
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r SIGNED 011 tbis
for the State of Texas.
)rd day of Marcb 2009, before me,
T Nob
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.,. MOTION TO RJ;CUS£
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,. MAR-03-2009 11:55 COLLINS BASINGER PULLMAN 972 991 8910 P.OOI
COLLIN COUNTY
FAX FlUNG COVER-SHEET
DATE; Much 3, 2009 # PAGES:--'S><--_ _ (lncludr. cOVet Jhc:cr)
TO: Hannah Kunkle, District Clerk FROM: Christi Wil5on-f~.!' PauJegOll
COllIN COUNTY COURTHOUSE COLLINS BASING'I!lr-
PULLMAN, P.C.~1
P.O. Box 578 S400 LB) frcc>W2Y. Suite 525 ..C ,
'.,. McKinney,1X 75069
PHONE: 1-972-548-4312
Dalla.s, TX 75240
PHONE: 972-661-2622
. .t,]
,~
PAX: 1-972-548-4697 FAX: 972-991-8910
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STYLE: ITIO alld Millor Children
aa Subscribtl or [) Non Subscriber ($5 pet CSJC fu. fcc added to court cons.)
-.........,.,.....
o New Suit or !iii Cause No. 380-54606-{t3 Chent M2ttc.r # (ours): CAR Y )-C31 0
NAME OF THE DOCUMENT BEING FILED:
,. TENNJFER CA.RY'S MOTION TO RECUSE
**1 I 1'1 I I III II 1**+****
o Issue _ _ _ _ _ _ ciutioo(s) Uld deliver to: _ _ _ _ _ _ _ _ _ _ _ _ __
j
o Explicit inlltrUCOOn.' tt:aD.Smined on sepl1r.lte sheet.
III Other: • PT...EASERETURN FlL&MARX.ED PAGE \'l1A FAX 972-991=8910
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IF TRANSMISSION IS INCOMPLETE OR INSTRUCTIONS NOT CLEAR, PLEASE
CALL
j CHRISTI WILSON-FAGER lit 972-661-2622
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STATE OF TF.XAS I
COUNTY OF COLLIN I
I. Hlllna/! Kunkllt.IMnct C1a\ in IIId fofCoIlin Coaly T - . do
~. t~'~ Ihallheaho\~ rorq!oinr is IInIC IIId nwm:I~' oI"lhc
orif,nal docum.:lll Ol$IM .:nne awnn on the file in the llIS1Titl Coun.
Co!l'jI, CI)II~. TMfmw,ts ~y __ tal of UId CGUn. this
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1bC~ da)" al - - ; fr:;:l A D
HANN K K
COLLI C I
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.,. No. 380-54606-2003
IN THE INTEREST OF § IN THE DISTRICT COURT
i' §
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AND § 380TH JUDICIAL DISTRICT
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MINOR CHILDREN § COLLIN COUNTY, TEXAS
j
ORDER OF REFERRAL ON MOTION TO RECUSE
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j On this day, after a Motion to Recuse having been presented to me in the above styled and numbered
cause, I respectfully recuse myself and request that the Presiding Judge of the First Administrative Region
assign a Judge to hear the above case,
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All pursuant to the provisions of Rule 18a T.R.C.P.
SIGNED THIS 4TH DAY OF MARCH, 2009.
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STATE Of TEXAS )
COUNTY OfTOLLlN)
I. Hannah Kunklt. 1>1 ..ri(l Clerk in II1d ror Collin Coon'" Tna. do
bcrcb~ t~l~ Ihallh~ aoo.c rorq:mn,·is • rruc and rocTCct (~. orlhc
orill,"al d.xum.:nl 3$lht SlmC apptan on lhe lilt In 111< o.snia Court,
~~~~trY scaloh..dCourt. 's
HAN ~I!"
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413012009 10:32 AM SCANNED
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N0.380-54606-03
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IN THE INTEREST OF § IN THE DISTRICT COURT
§
AND § 380m JUDICIAL DISTRICT
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CHILDREN
§
§ COLLIN COUNTY, TEXAS
MUTUAL TEMPORARY RESTRAINING ORDER
T AND ORDER SE1TING HEARING FOR TEMPORARY ORDERS
i The application of Petitioner, Dave Cary, for temporary restraining orders was presented to
the Court today. The children the subject ofthis suit are and
T
. Respondent is Jennifer Cary.
T The Court examined the pleadings of Petitioner and finds that the parties have agreed to the
mutual temporary restraining order set forth below.
j IT IS THEREFORE ORDERED that a temporary restraining order restraining the parties is
immediately effective, and the parties are immediately restrained from:
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Disturbing the peace of the children or of another party.
Withdrawing the children from enrollment in the school or day-care facility where the
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children are presently enrolled.
Hiding or secreting the children from the other party .
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Making disparaging remarks regarding other party or the other party's family in the presence
r or within the hearing of the children.
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Removing the children from the jurisdiction of this Court with the intent of changing their
J residence and/or depriving this Court ofjurisdiction.{,4.I'\.f-i t ~~~ 0\0\ J'1A.14.J- ~ U' I ~«I1
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This restraining order is effective immediately and shall continue in J~~~~~t ~
J ~ " e ., -t\ ",S~~.................O(/'"
~l'ther ~rder of this CoW"t or t1ntil it elf~ir@s by gperatigR gfla"". Thi~rd~a1rbe '~:ndlrt~be
71of!,,''Y IN. f#..i" ;(}A~tI:07::'[) yi,1..:J:s ~ ~ ...... 't*{ ~. r~'l*~
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Temporary Restraining Order and Orde Setting Hearing for Temporary Orders 1-9-09~O \. ,/ I:.. 1/ 0§
?f'( Ct ,J((1'~ ,.,'''1 TU"'.Jt~'~' ~./ {j,?~'.'£.~J'_. -~.: . ..';',)/
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JohnL.McCr W,.L.. ---i~..!J ,In \,\\,\'~'"
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SENIOR JUDGE"''''
SltUngbyAasigDment 1/, 7(}/# .
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parties, their agents, servants, and employees; and on those persons in active concert or participation
,. with them who receive actual notice of this order by personal service or otherwise. The requirement
of a bond is waived.
~"lc../ i ~
j IT IS FURTHER ORDERED that this case is set for~on the Request for Temporary
~..I Cl~+C<.i()",,-fe.o-t ~~ f:yt r.o. '" '1 a'.c..
Orders filed by Petitioner4-before this Court in the courthouse at B
WU3 ,~, Texas, on
0('9(1 ft.", (1,~
i .;.,.:.....,:~~....L...-+"=Oc...::O~_ _ _ at /e):a.J It. M. The purpose of the hearing is to detem1ine
whether, while this case is pending: ~ ~t lie.~ u.(;- ~ il"\. elL-Lf,. ~ 'J "r\.JJti oJt ,
i i ~ c.lAA.J I? ~ t"'- j . . A(..fi(J,( r~ t.U.t
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e preceding temporary restraining order should be made a temporary injunction pe . g
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ordered to pay child support while this cas . pending.
j beyond a geographical area
identified by the Court, acting directly or in
i children to determine if
Respondent is attempting to alienate them ir father, and, if necessary, ordering
r therapy for the children.
The Court should m
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r THER ORDERED that any authorized person eighteen years of age
arty to or interested in the outcome of this suit may serve any citation, notice, or pr
SIGNED on -1m I ;It ;:r aD 7 at //.' j'/ --L. M.
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Approved as to fonn and content:
Patricia D. Keane - Attorney for David F. Cary
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"*yle "asliiger - Attorney for Jennifer Cary
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j Temporary Restraining Order and Order Setting Hearing for Temporary Orders I -9-09 ~
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STATE OF TF.XAS I
COUNTY Ofl"OLl.lN I
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512212009 11:11 AM SCANNED
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.fOHN L M.CRA l1~.fR.
jus/icc Rcfli"C.'d
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J.II:; HrllT()llJ} A ('(,lIlle
, McKJi1l1C)' 1X 7,'j()(j;r}
May 20,2009
Ms. Julia F. Pendery Mr. e. Luke Gunnstaks
3030 LBJ Freeway, Suite 700 5601 Granite Parkway, Suite 350
Dallas TX 75234 Plano TX 75024
i Fax: 214-243-8999 Fax: 214-6 I 9-0636
Mr. Byron Kevin Henry Mr. Rick Robertson
j 90 I Main Street, Suite 4000 5700 W. Plano Parkway, Suite 2200
Dallas TX 75202 Plano TX 75093
Fax: 214-672-2356 Fax: 972-769-0313
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Sent Via First Class Mail and Fax
r Re: Cause No. 380-54606-2003
In the Interest of and
Minor Children
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I Cause No. 05-07 -0 1289-CV
In the Lnterest of C.H.e. and S.M.C., Clllldren
Order Allowing Successor to Reconsider the Original Party's Decision
r Dear Counselors:
r In compliance with the order in Cause No. 05-07-01 289-CV as issued by the Court of Appeals
Fifth Judicial District of Texas at Dallas, Texas, and predicated upon the stipulation as filed and
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approved in this court on April 22,2009, the Court states as follows.
I J1le follQ~ing documents were reviewed:
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A. Appeals Court's Order
B. Stipulation filed in Trial Court
j e. Transcript of Hearing on Motion to Modify and Motion for Sanctions on April 23,
2007
D. Transcript of Hearing on Motion to Reconsider on June 6, 2007
r E. Briefs as filed with the Appeals Court
F. Pleadings as filed with the Trial Court
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G. Various reported opinions of Texas Courts of Appeals
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Since mandamus will not issue aga judge for what a former one did. In Re: Baylor
Medical Center at GarlG, lll8
T 762; 51 Tex. Sup. J. 1334 (Tex. 2007) Also,
r because Rule 7.2 requi~ iJoJrginr eeding, abatemen~ of the proceeding !~\\alJ~'~'11
successor judge to reconsider tJu:,orw.~~tionally, the 5 Appellate CoUl,;.t.~ft...~~~,he
trial judge below to rec6Bm'4helYr1ier-on-Motion-for-Sanctionsand "to~e"suc roel'~A
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upon reconsideration as sh1-~ JWQ-~!J. f~ / \;~
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I '-"he Appeals Court has jurisdiction and has through its order conferred jurisdiction upon this trial
court for the sole purpose of reconsidering the subject orders. This court will rule as a matter of
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law that this court has, by appellate order, obtained de novo jurisdiction to reconsider the
previous rulings for the subject motions only.
Upon reconsideration, this trial court will order that the Order on Motion for Sanctions signed
i June 25,2007 and Order Appointing Receiver signed August 13,2007, be vacated and set aside
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and, only upon request, will conduct a hearing to reconsider de novo these motions. Ms. Pendery
is requested to prepare a proper order to comply with this ruling.
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Cc: onorable Joseph B. Morris
Justice, Court of Appeals
r Fifth District of Texas at Dallas
Second Floor, 600 Commerce Street
Dallas Texas 75202
....
I
In Re: 05-07-0 1289-CV
In the Interest ofC.H.C. and S.M.C., Children
Order Allowing Successor to Reconsider the Original Party's Decision
j V"""" Hannah Kunkle, District Clerk
Collin County, Texas
2100 Bloomdale Road
j Suite 10353
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McKinney Texas 75071
Cause No. 380-54606-2003
I
In the Interest of and
. - Minor Children
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NO. 380-54606-2003
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IN THE INTEREST OF § IN THE DISTRICT COURT
§
§ 380 TH JUDICIAL DISTRICT
§
CIDLDREN § COLLIN COUNTY, TEXAS
j
ORDER VACATING AND SETTING ASIDE THE ORDER ON MOTION FOR
SANCTIONS SIGNED JUNE 25,2007 AND ORDER APPOINTING RECEIVER
SIGNED AUGUST 13, 2007
nd
On the 22 day of April, 2009, the Court held a hearing to consider Movant C. "Luke"
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Gunnstaks' Motion for Reconsideration on "Order on Motion for Sanctions" and "Order
Appointing Receiver" in the above-numbered and styled cause.
i The Court finds that the Fifth District Court of Appeals abated its Cause Number
05-07-0 1289-CV "to allow the trial judge below to reconsider as soon as practicable the Order on
i
Motion for Sanctions signed June 25, 2007 and Order Appointing Receiver signed August 13,
r 2007, in trial court cause no. 380-54606-03 and to make such orders upon reconsideration as she
•I may decide," pursuant to Rule 7 .2(b) of the Texas Rules of Appellate Procedure. The Court finds
that the sitting Judge of the 380 th District Court, the Honorable Suzanne Wooten, recused herself
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in the matter, and the Honorable John L. McCraw, Jr., Justice Retired, was appointed to
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reconsider Mr. Gunnstaks' motion. The Court further finds that the order of the Court of Appeals
conferred jurisdiction on this trial court for the sole purpose of reconsidering, de novo, the
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previous rulings on the subject motions for sanctions and appointment of a receiver.
After hearing the arguments of Mr. GUIUlstaks, and counsel for both Petitionc::r and .
j ORDER VACATING AND SElTING ASIDE THE ORDER ON MOTION FOR SANCTioNS SIGNED
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JUNE 25,2007 AND ORDER APPOINTING RECEIVER SIGNED AUGUST 13, 2007- PAGE~?Fi
1
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R~§ffmd~mJ ilnd after reviewing the motion', Court of A I ' Order: the parries' Stipulation
ppea S
.fiJed ill the trial court on April 22, 2009; the Transcript of the Hearing on Motion to Modify and
Motion for Sanctions held on April 23, 2007; the Transcript of the Hearing on Motion to
Reconsider held on June 6, 2007; the parties' briefs filed with the Appeals Court; the parties'
pleadings filed with the trial court; and various reported opinions of Texas Courts of Appeals,
this trial finds that Mr. Gunnstaks' Motion for Reconsideration on "Order on Motion for
Sanctions" and "Order Appointing Receiver" should be GRANTED.
It is, therefore, ORDERED that Movant's Motion for Reconsideration of the "Order on
Motion for Sanctions" and "Order Appointing Reciever" is GRANTED, and the Order on
Motion for Sanctions signed June 25, 2007 and Order Appointing Reciever signed August 13,
2007 are both hereby V ACA TED AND SET ASIDE.
It is further directed that The Honorable Hanna Kunkle, District Clerk, Collin County.
Texas have prepared a supplemental clerk's records containing this order and forward same to
Lisa Matz, Clerk, Court of Appeals, Fifth District of Texas at Dallas to be filed in Cause No.
05-07-01289 CV., In the Interest of C.H.e. and S.M.C., Minor Children.
• SIGNED AND ENTERED on this /'>::day o~~ ,2009
John L. McCraw, Jr.
•
I SENIOR JUDGE ,,\\\··"~;>r;."
Sitting by Assignment ./·:C;\. :<,";',,:',
,~~o.~>. ,. ~~ . _
i ORDER VACATING AND SETTING ASIDE THE ORDER ON MOTION FOR SANC1J9fiS SI~NED
JUNE 25 , 2007 AND ORDER APPOINTING RECENER SIGNED AUGUST 13, 2007- PAGE~,ai' 2 ..--'
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.,.
, No. 380-54606-03
,.. IN THE INTEREST OF §
§
IN THE DISTRICT COURT
AND § 380 TH JUDICIAL DISTRICT
§
§
CHILDREN § COLLIN COUNTY, TEXAS
TEMPORARY ORDERS
On July 23, 2009, the Court heard the Motion for Temporary Orders filed by Petitioner,
T
David Cary.
T Petitioner, David Cary, appeared in person and through attorney of record, Brian L. Webb
T and announced ready.
Respondent, Jennifer Cary, appeared in person and through attorney of record, Alma
j
Benevides, and announced ready.
After hearing evidence and argument of counsel, this Court finds as follows:
The Court finds that the following is in the best interest of the children the subject of this suit,
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and it is therefore ORDERED that be evaluated by a child psychiatrist to determine
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the nature, extent and scope of the outcry made by IT I~ ORDERED that the
parties exchange a list of the names of three proposed child psychiatrists by July 29, 2009. If the
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parties cannot agree on a child psychiatrist, then the parties are ORDERED to submit their list of
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proposed psychiatrists to Judge John L. McCraw, Jr. and Judge McCraw will make the
r deternlination.
~ The Court finds that the parties have agreed that Dr. Nancy Shosid shall perform this
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evaluation of . The Court finds that this is not a forensic evaluation. .
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IT IS FURTHER ORDERED that both parties shall cooperate fully with any and all requests
.,. by Dr. Shosid regarding the frequency and number of appointments of with Dr.
Shosid. IT IS FURTHER ORDERED that Dr. Shosid is authorized to conduct any interviews with
any person or persons she deems necessary in conducting this evaluation, including but not limited
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to the parties, the other child the subject of this suit, or any step parents or step siblings of
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IT IS ORDERED that once Dr. Shosid's evaluation is completed, she shall make a written
report directly to Judge McCraw which shall be kept under seal and released only to the Judge and
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,. the parties' respective counsel of record.
IT IS FURTHER ORDERED that the Court's ruling regarding Petitioner's request for an
update of the custody evaluation previously prepared by Dr. Barry Coakley, and
,.. psychiatric/psychological evaluations of the parties is on hold until after Dr. Shosid has performed
her evaluation of and has made a report to the Court.
IT IS FURTHER ORDERED that Jennifer Cary give David Cary 48 hours written notice of
,.. all doctors, dentists and counseling appointments of the parties' children so that he may attend these
appointments ifhe so chooses. ~rd, ~~ ~\~') ~w... G.. ~)'1\-\.\- '-~ ~~
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(10C.\-ul \:::)\A~_~() \- ~ ctHt ~ <. CA. d. \ ,:>~.-p~ nc..-L
IS FUR'rl-lElt ORDERl'!D that there will be no relocatIOn ofthe residence ofthe chi Idren
J the subject of this suit while this matter is pending.
IT IS FURTHER ORDERED that the party in possession of the children will provide the
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other party with all of the children's medications and instructions for administering these
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J medications at the time the children are exchanged for the exercise of the parties' respective periods
til of possession.
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\N. P~{t-\'e.~ Ctf'Q... ~~ I~r ~ (\f.uAS,cL Vv
r TEMPORARY ORDERS - Page 2 6. \:,~..-Db.~ "or 't'YeA.'ll...L ~ )\.\~
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The Court finds that the following temporary mutual injunction should be entered while this
case is pending.
The temporary injunction granted below shall be effective immediately and shall be binding
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on the parties; on their agents, servants, employees, and attorneys; and on those persons in active
concert or participation with them who receive actual notice of this order by personal service or
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otherwise. The requirement of a bond is waived.
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I IT IS ORDERED that Petitioner and Respondent are enjoined from:
1. Communicating with the other party in person, by telephone, or in writing in vulgar,
., profane, obscene, or indecent language or in a coarse or offensive manner.
2. Threatening the other party in person, by telephone, or in writing to take unlawful
action against any person.
3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an
offensive and repetitious manner, or without a legitimate purpose of communication.
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4. Causing bodily injury to the other party or to a child of either party.
5. Threcttening the other party or a child of either party with imminent bodily injury.
These Temporary Orders shall continue in force until the signing of the Final Order in this
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matter or until further order of this Court.
T SIGNED on
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;/- / "5- ,2009.
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John L. McCraw, Jr.
SENIOR JUDGE
Sitting by Assignment
J JUDGE PRESIDING
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TEMPORARY ORDERS - Page 3
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APPROVED AS TO FORM:
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Kyie Basinger
Attorney for Jennifer Cary
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TEMPORARY ORDERS - Page 4 ..
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121812009 12:27 PM SCANNED
~ 12/84/2889 15:85 2148719339 Io.£BB FAMILY LAW FIRM
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.,. No. 380-54606-03
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IN THiINfEREST OF § IN THE DISTRlCf COURT
§
§ 380 m .JUDICIAL DISTRICT
.,.
ANAHELENCARYAND
§
§
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CmLDREN § COLLIN COUNTY. TEXAS
TEMPORARY ORDERS
On November 13, 2009, the Court heard the Motion To Sign Temporary Orders filed by
Petitioner, David Cary and Motion For Protective Order, Motion To Modify Temporary Orders,
ror Interim Attorney's Fees and Motion For Reconsideration filed by Respondent., lcrmifer
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Motion
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Cary.
petitioner, David Cary, appeared in person and through attorney of record. Bri8I1 L. Webb
and anriounced ready.
Respondent, Jennifer Cary. appeared in person and through attorneys of record, David C.
Cowden and William 1. Roberts, and announced ready.
~fter hearing evidence and argument ofcDunsel, this Court finds as follows:
The Court finds that the following is in the best interest of the children the subject of this
suit, and it is therefore ORDERED that the Temporary Orders heard on July 23, 2009 shall
T entered with the Court.
,. IT IS ORDERED that the Motion For Protective Order is denied and that both parents shall
have access to any and all medical records and or documents pertaining to the minor children, th
subject of this suit
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fT IS ORDERED that the Motion To Modify TempOTary Orders tiled by Respondent
Jennifer Cary is denied.
TEMP<?RARY ORDERS· Page I
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12/64/2669 15:65 214871'3339 WEBB FAMIL V LAW FIRM PAGE 63/65
.,. IT IS ORDERED that the Motion For Interim Attorney's Fees filed by Respondent, Jennifer
Cary is denied and that this issue is reserved for final determination at a later time.
IT IS ORDERED that the Motion For Reconsideration file by Respondent, Jennifer Cary is
denied and IT IS FURlHER ORDERED that Jennifer Cary give David Cary 48 hours written noti~
i
ofall doctors, dentists and counseling appointments of the parties' children so that he may attend
T these appointments ifhe so chooses as previously ordered on July 23. 2009.
Social Study
IT IS ORDERED that Christy Bradshaw prepare a social study into the circumstances and
condition of tile children and ofthc home of any person requcsting conservatorship of, possession
j/9 IS; ?r110
j
0(, or a~ess to the children. The study shall be filed with the Court on or before 5J
j Evaluation
IT IS ORDERED that John Beatty is appointed to interview, examine, evaluate, and consult
j
with thl! children and the parties, the subject of this suit to prepare: Ii custody evaluation of the
,.--
children and the parties, the subject of this suit to be filed with the Court on or before ...),<.v~~ /57 .;?U/LJ
CQunseling
r ITIS ORDERED that Alexandra Doyle is appointed as counselor for the children, the subject
of this !>Uit IT IS FURTIIER ORDERED that both parties shall cooperate fully with any and all
j requests by Alexandra Doyle regarding the frequency and number ofappointments of
with Alexandra Doyle. The report shall be filed with the Court on
>
J
or before "3"N~'1./S-; 71)10.
r IT IS fURTHER ORDERED that there will be no relocation of the school. of the children
the subject of this suit while this matter is pending.
r
TEMPORARY ORDERS· Pllge Z
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.,.
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12/04/2009 15:05 2148719339 WEBB FAMILY LAW FIRM PAGE 04/05
,.
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IT IS FURTHER ORDERED that the minor children shall use the name on the birth
certificates for each minor child. the subject of this suit.
The Court finds that the following temporary mutual injunction should be entcred while this
case is pending,
The temporary injunction granted below shall be effective immediately and shall be binding
T on the parties; on their agents, servants. employees, and attorneys; and on those persons in active
toncert or participation with them who receive actual notice of this order by personal service or
.,.
otherwise. The requirement of a bond is waived,
1:1' IS ORDERED that Petitioner and Respondent arc enjoined from:
,.
,
,
,
1. Communicating with the other party in person, by telephone, or in writing in vulgar.
profane,' obscene, or indecent language or in a coarse or offensive manner.
2. Threatening the other party in JXrson, by telephone, or in writing to take unlawful
action against any person.
j 3. Placing one or more telephone calls, anonymously. at any unreasonable hour. in an
offensive and repetitious manner, or without a legitimate purpose of communication.
i 4. Causing bodily injury to the other party or to a child of either party.
5. Threatening the other party or a child of either party with imminent bo<Iily injury.
j
These Temporary Orders shall continue in force until the signing of the Final Order in this
.
" -: ", ' -
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matter or until further order ofthisCciuit. ,.' !,.! ~, ... ',' ~""', .
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TEMPORARY ORDEM - Page 3
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7r7f2010 1:46 PM SCANNED
.-
i NO. 380-54606-03
IN THE INTEREST OF § IN THE DISTRICT COURT
§
~ 380 TH JUDICIAL DISTRICT
§
CHILDREN § COLLIN COUNTY, TEXAS
r
ORDER ON MOTION TO V ACA TE THE
MEDIATED SETTLEMENT AGREEMENT
r On May 28, 2010 the Court considered JENNIFER CARY's Motion to Vacate the Mediated
Settlement Agreement and ORDERS that the motion is DENIED .
.,...
J
The Court wi II adopt the Arbitration Ru ling along with the Mediated Settlement Agreement
approved; adopted and rendered by the Court on February 9, 20 I O.
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-=-----_. ---
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j The terms and condition of payment of the $5,000.00 are as followed: IT IS ORDERED that
DAVID CARY is granted ajudgement against JENNIFER CARY in the amount of$5,000.00, such
'j judgement bearing interest at 5% per annum compounded annually, from the date the judgment is
signed until 'd, for which let execution issue if it is not paid.
SI GNED on _--+-->r-~ ---,--7,-I---"~~..Io:::-
__
r :!~3J")n'.!nif1.!!;J,.' , ..... ;,'1
. " ohhl~. McCraw, Jr.
'( r j'Hrt--------SENIOR JUDGE
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Sitting by Asslgnmen","\~\CT CO"'",
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'i Order on Molion to Vacate Ihe Mediated Settlement Agreement Solo ~ \*;
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- -
81512010 11 :28 AM SCANNED
-
NO. 380-54606-03
'IN THE INTEREST OF § !IN THE DISTRICf COURT
..,. I
§ ,
I
; AND
§ i380TH JUDICIAL DISTRICT
§ I
j
§ I
~CHILDREN § ~OLLIN COUNTY, TEXAS
ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP
On February 15,2010, February 16,2010, March 3,2010, March 12,2010, March 25.
20 I0, April 26, 20 I0, May 3, 20 I0 and May 4lh, 2010 the Court heard this case.
Appearances
Petitioner, DAVID CAR Y, appeared in person and through attorney of record, Brian L.
Webb, and announced ready for trial.
Respondent, JENNIFER CARY, appeared in person and through attorney ofrecord,
.,..
William F. Neal, Esq., and Byron K. Henry, and announced ready for trial.
.,. Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds
that it has jurisdiction of this case and of all the parties and that no other court has continuing,
,. exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
Record
.,.
The record of testimony was duly reported by the court reporter for the 380th Judicial
District Court.
Partial Mediated Settlement Agreement
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
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..,.
..,.
This agreement was partially agreed by way of Mediated Settlement Agreement on
February 8,2010. A true and correct copy of the Mediated Settlement Agreement is attached
'.,. hereto as Exhibit "Au and is incorporated herein as if set forth verbatim.
Further the Interpretation of February 8, 2010 Mediated Settlement Agreement was
presented to the Court on March 12, 20 10. The Interpretation of February 8, 2010 Mediated
.,. Settlement Agreement is attached hereto as Exhibit "B" and is incorporated herein as if set forth
.,. verbatim.
Children
The Court finds that the following children are the subject of this suit:
Name:
Sex: Female
Birth date:
,. Home state: Texas
Social Security number: x
Narne:
Sex: Female
Birth date:
Home state: Texas
Social Security number:
Findings
The Court finds that the present order, Final Order of Modification dated December I,
2006, is not in the children's best interest.
Parenting Plan
The Court finds that the provisions in these orders relating to the rights and duties of the
-
I
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- optimizing the development of a close and continuing relationship between each party and the
children constitute the parenting plan established by the Court.
- Conservatorship
.. The Court finds that the following orders are in the best interest of the children .
The parties have agreed and IT IS SO ORDERED that DAVID CARY and JENNIFER
CARY are joint managing conservators of the children. IT IS ORDERED that DAVID CARY is
appointed conservator with the exclusive right to designate the primary residence of the children
effective August 16,201010:00 a.m., which is one week before the beginning of the 2010 fall
school term which begins on August 23, 2010.
IT IS FURTHER ORDERED that this ruling will not affect the agreed and approved
20 I0 summer visitation schedule.
IT IS ORDERED that, at all times, DAVID CARY, as a parent joint managing
conservator, shall have the following rights:
I. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
,.. 5. the right to consult with school officials concerning the children's welfare and
educational status; including school activities;
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.,.
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8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
,. 9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, JENNIFER CARY, as a parent joint managing
,. conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
.,. the chi ldren;
,.
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
,. 6. the right to attend school activities;
7. the right to be designated on the children's records as a person to be notified in
case of an emergency;
T"
8. the right to consent to medical, dental, and surgical treatment during an
,..
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, DAVID CARY and JENNIFER CARY, as parent
joint managing conservators, shall each have the following duties:
r
I. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare ofth~,,~~t~b~>,
"0A\.~·············· '.. ",
2. the duty to inform the other conservator of the children i~"E~'~s~a~~r~i~;1~tes
with for at least thirty days, marries, or intends to-marry a person who~~r,\'*tor:~W~"ls
r ~ ~ ,:--.:. ~.~..{ } l
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP \~\. ,yj>A'G~ ~.~?33
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registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently
charged with an offense for which on conviction the person would be required to register under
that chapter. IT IS ORDERED that this infonnation shaH be tendered in the fonn of a notice
made as soon as practicable, but not later than the fortieth day after the date the conservator of
the children begins to reside with the person or on the tenth day after the date the marriage
occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense
that is the basis of the person's requirement to register as a sex offender or of the offense with
which the person is charged. WARNfNG: A CONSERVATOR COMMITS AN OFFENSE
PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO
.,. PROVIDE THIS NOTICE .
IT IS ORDERED that, during his periods of possession, DAVID CARY, as parent joint
.,. managing conservator, shall have the following rights and duties:
.,. I. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
..,. IT IS ORDERED that, during her periods of possession, JENNIFER CARY, as parent·
joint managing conservator, shall have the following rights and duties:
I. the duty of care, control. protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
,.
.,.
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Dallas County and contiguous counties effective August 16, 20 I0, which is one week before the
beginning of the 2010 fall school tenn which begins on August 23, 2010;
.,.. 2. the right, subject to the agreement of the other parent conservator, to consent to
medical, dental, and surgical treatment involving invasive procedures;
3. the right, subject to the agreement of the other parent conservator, to consent to
psychiatric and psychological treatment of the children;
,. 4. the exclusive right to receive and give receipt for periodic payments for the
support of the children and to hold or disburse these funds for the benefit of the children
effective August 16,2010;
5. the independent right to represent the children in legal action and to make other
,..
decisions of substantial legal significance concerning the children;
6. the independent right to consent to marriage and to enlistment in the anned forces
of the United States;
7. the independent right to make decisions concerning the children's education;
,. 8. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
.,. 9. except when a guardian of the children's estates or a guardian or attorney ad Iitem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
a foreign government; and
IT IS ORDERED that JENNIFER CARY, as a parent joint managing conservator. shall
have the following rights and duty:
1. the right, subject to the agreement of the other parent conservator, to consent to
medical, dental, and surgical treatment involving invasive procedures;
2. the right, subject to the agreement of the other parent conservator, to consent to
psychiatric and psychological treatment of the children;
,.
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3. the independent right to represent the children in legal action and to make other
decisions of substantial legal signi ficance concerning the children;
".,-;~'·0·:~~:~;~<:::~:~~J':.,.
4.. the independent right to consent to marriage and to enlistm~~!.l..the ,~~edi:~~~~s
of the Umted States; g !'-... :' ;~\ .~
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ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP ~,c.\: .~~G.~,~ 0f.~
.•. ~:),,; .;,S,,;,::,'~$~~/
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5. the independent right to make decisions concerning the children's education;
6. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
7. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
,.. a foreign government; and
The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is
the public policy of Texas to assure that children will have frequent and continuing contact with
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parents who have shown the ability to act in the best interest of the child, to provide a safe,
stable, and nonviolent environment for the child, and to encourage parents to share in the rights
.,. and duties of raising their child after the parents have separated or dissolved their marriage. IT
IS ORDERED that the primary residence of the children shall be Dallas County and contiguous
counties, and the parties shall not remove the children from Dallas County and contiguous
.,. counties for the purpose of changing the primary residence of the children until modified by
,. further order of the court of continuing jurisdiction or by written agreement signed by the parties
and filed with the court. IT IS FURTHER ORDERED that DAVID CARY shall have the
exclusive right to designate the children's primary residence within Dallas County and
contiguous counties effective August 16, 20 Io. Passport
"i IT IS ORDERED that if a parent's consent is required for the issuance of a passport, that
parent shall provide that consent in writing no later than ten days after receipt of the consent
"j
documents, unless the parent has good cause for withholding that consent.
j IT IS ORDERED that DAVID CARY, Petitioner shall have the right}0":J~1\1'ifltf~:".
,\,~ \\.v
..............;~~..-.....~~(~;;~:-.
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possession of any passports of the chiidren <:>'::\
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ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP :: .... /'P~-G-E 7 OF tJ
\Z~:::i;t:~~:;:f;5f/
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l -
subject to the requirements for delivery of the passports and all other
requirements set forth below .
... DA VID CARY, Petitioner is ORDERED to deliver or cause to be delivered to
JENNrFER CARY the original, valid passports of and
within ten days of their receipt of JENNrFER CARY's notice of intent to
have the children travel outside the United States during a period of possession of JENNIFER
.,. CARY .
IT IS ORDERED that if a conservator intends to have the children travel outside the
.,. United States during the conservator's period of possession of the children, the conservator shall
.,. provide written notice to the other conservator. IT IS ORDERED that this written notice shall
include all the following:
I. any written consent fonn for travel outside the United States that is required by
.,. the country of destination, countries through which travel will occur, or the intended carriers;
2. the date, time, and location of the children's departure from the United States;
.,. 3. a reasonable description of means of transportation, including, if applicable, all
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names of carriers, flight numbers, and scheduled departure and arrival times;
4. a reasonable description of each destination of the intended travel, including the
name, address, and phone number of each interim destination and the final travel location;
S. the dates the children are scheduled to arrive and depart at each such destination;
T 6. the date, time, and location of the children's return to the United States;
7. a complete statement of each portion of the intended travel durin.~;Y:'~.i.~~ the
'j ",,'1~~;\~\C-:~ :~ .. ! .. <.:"
conservator providing the written notice will not accompany the childre%~.>" .. /"'::~:)\
/-1; /-"'.-:-c ,.-.' "~ . '\
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP ~ \ -,/ PAGE 8 m33
\~?i.y;~:~j,£':;Y
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8. the name, pennanent and mailing addresses, and work and home telephone
numbers of each person accompanying the children on the intended travel other than the
,.. i
conservator providing the written notice.
Possession and Access
I. Possession Order
.,..
The Court finds that the following provisions of this Possession Order are intended to be
and are in the best interest of the children. IT IS ORDERED that DAVID CARY and
.,. JENNIFER CARY shall comply with all terms and conditions of this Possession Order. IT IS
ORDERED that this Possession Order is effective August 16, 20 I0 and applies to all periods of
possession occurring on and after August 16,2010. IT IS, THEREFORE, ORDERED:
(a) Definitions
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I. In this Possession Order "school" means the primary or secondary
school in which the child is enrolled or, if the child is not enrolled in a primary or
secondary school, the public school district in which the child primarily resides.
2. In this Possession Order "child" includes each child, whether one
or more, who is a subject of this suit while that child is under the age of eighteen
years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
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I
IT IS ORDERED that DAVID CARY and JENNIFER CARY shall have
possession of the children at times mutually agreed to in advance by the parties,
and, in the absence of mutual agreement, it is ORDERED that the conservators
,.. shall have possession of the children under the specified terms set out in this
Possession Order.
(c) Parents Who Reside 100 Miles or Less Apart
Except as otherwise explicitly provided in this Possession Order, when
JENNIFER CARY resides 100 miles or less from the primary residence of the
children, JENNIFER CARY shall have the right to possession of the children as
follows:
r A. IT IS ORDERED that JENNIFER CARY shall have posse~~~~.pf~h~.
'ld t: II
Ch1 ren as 10 ows:
,. . ~~,). '_.-: ~.~ ":"",
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ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP ~ '"l '~',FAGE 90FJ3 j
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~!':f';if,.~: •. ' .
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Weekends: Weekends that occur during the regular school term,
beginning on the first, third, fourth and fifth weekends of
each month beginning on each first, third, fourth, and fifth
Friday of each month at 6:00 p.m. and ending the following
Sunday at 6:00 p.m.
B. IT IS ORDERED that DAVID CARY shall have possession of the children
as follows:
Week Days: Every week from 6:00 p.m. on Sunday until the foI/owing
Friday ending at 6:00 p.m.
Wet!kends: The second Weekend of each month, said weekend
beginning on each second Friday of each month at 6:00
p.m. and ending the following Sunday at 6:00 p.m.
C. JENNIFER CARY shall have the following holiday possessio th
children: ~J
. B k' cdd
. . Spring rea lD Odd Numbered Years - In 6Wft-num ered years,
{fIr
,.. beglnnmg at 6:00 p.m. on the day the children are dismissed from school for the
school's spring vacation and ending at 6:00 p.m. on the day before school
resumes after that vacation.
Extended Summer Possession by JENNIFER CARY:
,. With Written Notice by April I - If JENNIFER CARY gives DAVID
CARY written notice by April 1 of a year specifying an extended period or
periods of summer possession for that year, JENNIFER CARY shall have
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possession ofthe child for thirty days beginning no earlier than the day after the
child's school is dismissed for the summer vacation and ending no later than seven
days before school resumes at the end of the summer vacation in that year, to be
exercised in no more than two separate periods of at least seven consecutive days
each, with each period of possession beginning and ending at 6:00 p.m on each
applicable day, as specified in the written notice, provided that the period or
periods of extended summer possession do not interfere with Father'S Day
Weekend. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 - If JENNIFER CARY.,~A~~,I},?t give
i DA VID CARY written notice by April 1 of a year specifyin~,aIl~~~.~_~~~,od
or periods of summer possession for that year, JE~IFER 2~~"Y .shiV
hav~.x~~.
possession of the child for thirty consecutive days 10 that !~ar~lIlll~ng~.~.~lP?~~
ORDER IN SUIT TO MODIFY PARENT CIIILD RELATION~}""'" . ...~ ;PACE,IO p"~~~3
:.. .-'," .-- /: ." .,- .."
·"~~~;j,~:?~~·,S~;:-;~?{:~·::·:~:··'
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_.
p.m. on July I and ending at 6:00 p.m. on July 31.
D. IT IS ORDERED that DAVID CARY shall have a superior ri"lilii~~~~7
possession of the children as follows:
EV~v)
Spring Break in Even Numbered Years - In ~-numbered years,
beginning at 6:00 p.m. on the day the children is dismissed from school for the
school's spring vacation and ending at 6:00 p.m. on the day before school
resumes after that vacation.
Summer Weekend Possession by DAVID CARY - If DAVID CARY
gives JENNIFER CARY written nolice by April 15 of a year, DA VID CARY
shall have possession of the cruldren on anyone weekend beginning at 6:00 p.m.
on Friday and ending at 6:00 p.m. on the following Sunday during anyone period
of the extended summer possession by JENNIFER CARY in that year, provided
that DAVID CARY picks up the children from JENNIFER CARY and returns the
.
I
children to that same place.
Extended Summer Possession by DAVID CARY - If DA VID CARY
gives JENNIFER CARY written notice by April 15 of a year or gives JENNIFER
CARY fourteen day's written notice on or after April 16 ofa year, DAVID
CARY may designate one weekend beginning no earlier than the day after the
children's school is dismissed for the summer vacation and ending no later than
seven days before school resumes at the end of the summer vacation, during
,... which an otherwise scheduled weekend period of possession by JENNIFER
CARY shall not take place in that year, provided that the weekend so designated
.. does not interfere with Mother's Day Weekend .
(d) Parents Who Reside More Than 100 Miles Apart
- Except as otherwise explicitly provided in this Possession Order, when
JENNIFER CARY resides more than 100 miles from the residence of the child,
JENNIFER CARY shall have the right to possession of the child as follows:
...
I. Weekends - Unless JENNIFER CARY elects the alternative period
of weekend possession described in the next paragraph, JENNIFER CARY shall
have the right to possession of the child on weekends that occur during the regular
• school tenn, beginning at 6:00 p.m., on the first, third, fourth and fifth Friday of
each month and ending at 6:00 p.m. on the following Sunday, and on weekends
that do not occur during the regular school term, beginning at 6:00 p.m. on the
first, third, fourth and fifth Friday of each month and ending ~,!,·~~9.9~f,-!fi:::,~.·:~.he
. S d ,,~ \. _....- l · · ,
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ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSWr.
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Alternate Weekend Possession - In lieu of the weekend possession
described in the foregoing paragraph, JENNIFER CARY shall have the right to
possession of the child not more than one weekend per month of JENNIFER
CARY's choice beginning at 6:00 p.m. on the day school recesses for the weekend
and ending at 6:00 p.m. on the day before school resumes after the weekend.
JENNIFER CARY may elect an option for this alternative period of weekend
possession by giving written notice by email and certified mail return receipt to
DA VID CARY within ninety days after the parties begin to reside more than 100
miles apart. If JENNIFER CARY makes this election, JENNIFER CARY shall
give DAVID CARY fourteen days' written or telephonic notice preceding a
designated weekend. The weekends chosen shall not conflict with the provisions
regarding Christmas, Thanksgiving, the child's birthday, and Father's Day
Weekend below.
2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on
the day the child is dismissed from school for the school's spring vacation and
ending at 6:00 p.m. on the day before school resumes after that vacation.
3. Extended Summer Possession by JENNIFER CARY -
With Written Notice by April 1 - If JENNIFER CARY gives DAVID
CAR Y written notice by April 1 of a year specifying an extended period or
periods of summer possession for that year, JENNIFER CARY shall have
. possession of the child for forty-two days beginning no earlier than the day after
the child's school is dismissed for the summer vacation and ending no later than
seven days before school resumes at the end of the summer vacation in that year,
to be exercised in no more than two separate periods of at least seven consecutive
days each, with each period of possession beginning and ending at 6:00 p.m. on
each applicable day, as specified in the written notice, provided that the period or
periods of extended summer possession do not interfere with Father's Day
Weekend. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 - If JENNIFER CARY does not give
DA VID CARY written notice by April 1 of a year specifying an extended period
or periods of summer possession for that year, JENNIFER CARY shall have
possession of the child for forty-two consecutive days beginning at 6:00 p.m. on
. June 15 and ending at 6:00 p.m. on July 27 of that year.
Notwithstanding the weekend periods of possession ORDERED for
JENNIFER CARY, it is explicitly ORDERED that DAVID CARX,,~~!!;~~~ a
• superior right of possession of the children as follows: . ;' .
,~,,-$S~~.:.::: 9..9:~;'~~ :>. .
I.
r-(
SummerWeekend Possession by.DAVID CiRY:..>_lLDAYJO,···~:·~\
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHiS~\..
"<~.~ :./.' ~ .. :
/~~g 0f.j~:
. ~"B»~·... .. .::::;.;.:.:):
#',/~.f.itV ~-;::..;~.;\\ ~.:;., .
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- -
CARY gives JENNIFER CARY written notice by April 15 of a year, DA vro
CARY shall have possession of the child on anyone weekend beginning at 6:00
.,. p.m. on Friday and ending at 6:00 p.m. on the following Sunday during anyone
period of possession by JENNIFER CARY during JENNIFER CARY's extended
-
summer possession in that year, provided that if a period of possession by
JENNIFER CARY in that year exceeds thirty days, DAVID CARY may have
possession of the child under the tenns of this provision on any two
nonconsecutive weekends during that period and provided that DAVID CARY
.,. picks up the child from JENNIFER CARY and returns the child to that same
place.
2. Extended Summer Possession by DAVID CARY - If DA VID
CARY gives JENNIFER CARY written notice by April 15 of a year, DA vro
CARY may designate twenty-one days beginning no earlier than the day after the
.,. child's school is dismissed for the summer vacation and ending no later than seven
days before school resumes at the end of the summer vacation in that year, to be
exercised in no more than two separate periods of at least seven consecutive days
each. with each period of possession beginning and ending at 6:00 p.m. on each
applicable day, during which JENNIFER CARY shall not have possession of the
child, provided that the period or periods so designated do not interfere with
JENNIFER CARY's period or periods of extended summer possession.
(e) Holidays Unaffected by Distance
Notwithstanding the weekend periods of possession of JENNIFER CARY,
DAVID CARY and JENNIFER CARY shall have the right to possession of the ~
child as follows: . ~.I·
~vt~
I. Christmas Holidays in Odd-Numbered Years - In ~-nufubered
years, JENNIFER CARY shaH have the right to possession of the child beginning
at 6:00 p.m. on the day the child is dismissed from school for the Christmas ~
school vacation and ending at noon on December ?jh,and DAVID CARY shall:l~ "
have the right to possession of the child beginning ;tooon on December..¥' and
ending at 6:00 p.m. on the day before school resumes after that Christmas school
vacation.
-,
2.
t:u(.n
Christmas Holidays in Even-Numbered Years - In mtrl-number'..!::.$~c::"CI"'-"""""'~J-...J-<...;
years, DAVID CARY shaH have the right to possession of the chil~ beginning at
6:00 p.m. on the day the child is dismissed from school for the Christmas school
vacation and endin~ at noon on ~ecem.bc~ ~~d JENNIFER CA:~~~I.~~~~.
~t\ ~
r the right to possessIOn of the child begmmng at noon on De~en;9~!,·~·et1~., .....
,.
at 6:00 p.m. on the day before school resumes after that Chris~. sch09\ .' .
vacation. {-:..; (~~ .'
'-;.-.\ i,,... ~
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP\:{;;......pj.~e;E l3 q,... .
.
. . .:;q.............. _.........: ,:, ..
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(j) -do
~;
E)lV'I I )
3. Thanksgiving in Even-Numbered Years - In ~numbered
years, ~
JENNIFER CARY shall have the right to possession of the child beginning at
6:00 p.m. on the day the child is dismissed from school for the Thank .. ng
holiday and ending at 6:00 p.m. on the Sunday following Thanksgi g.
4. Thanksgiving in Odd-Numbered Years - In ~num~'~~I~rr
DAVID CARY shall have the right to possession of the child beginning at 6:00
.,. p.m. on the day the child is dismissed from school for the Thanksgiving holiday
and ending at 6:00 p.m. on the Sunday following Thanksgiving .
,.. 5. Child's Birthday - If a parent is not otherwise entitled under this
Possession Order to present possession of a child on the child's birthday, that
parent shall have possession of the child and the child's minor siblings beginning
.,. at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks
up the children from the other parent's residence and returns the children to that
same place.
6. Father's Day Weekend - DAVID CARY shall have the right to
possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Father's Day and ending at 6:00 p.m. on Father's Day, provided that if DAVID
CAR Y is not otherwise entitled under this Possession Order to present possession
of the child, he shall pick up the child from JENNIFER CARY's residence and
return the child to that same place.
7. Mother's Day Weekend - JENNIFER CARY shall have the right to
r possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Mothers Day and ending at 6:00 p.m. on Mother's Day, provided that if
JENNIFER CARY is not otherwise entitled under this Possession Order to
present possession of the child, she shaH pick up the child from DAVID CARY's
residence and return the child to that same place.
(f) Undesignated Periods of Possession
DA VID CARY shall have the right of possession of the child at all other
times not specifically designated in this Possession Order for JENNIFER CARY.
(g) General Terns and Conditions
-
Except as otherwise explicitly provided in this Possession Order. the terms
and conditions of possession of the child that apply regardless of the distance
)
between the residence of a parent and the child are as follows: ....,\\,.::.'~':.i.;:,:.:.
....
,,{.~\"~ =~'~.'::~. ! s:..?~~;:"'"
\. Surrender of Child by DAVID CARY - D~~~..tYCt\R:V is···<~,::\.
$. / ...~-.._ ': __ ~ ~'_. _~.~. -'o<" \
ORDER IN SUlTTO MODIFY PARENT CIIILD RELATlON~;H\ " ·:'P:~GE 14 !~.~P3
- ,...
r ~:;~:i:::~';~:~~":'. ,-,,~,·~ ~~:~~~/
I:~~/IV CG~·. ~ ..,\""
'III:; /J ;·tlH'l~''''·\
r
l
-
ORDERED to surrender the child to JENNIFER CARY at the beginning of each
period of JENNIFER CARY's possession at the residence of JENNIFER CARY.
2. Return of Child by JENNIFER CARY - JENNIFER CARY is
ORDERED to return the children at the residence of DAVID CARY at the end of
each period of possession.
3. Personal Effects - Each conservator is ORDERED to return with
the children the personal effects that the children brought at the beginning of the
period of possession.
4. Designation of Competent Adult - Each conservator may designate
any competent adult to pick up and return the child, as applicable, and same shall
be held to the terms and conditions of Section g( I) and (2), found immediately
herein above. IT IS ORDERED that a conservator or a designated competent
adult be obviously present when the children arc picked up or returned, and same
shall be held to the terms and conditions of Sections g( I land (2), found
immediately herein above.
5. Inability to Exercise Possession - Each conservator is ORDERED
to give notice to the person in possession of the children on each occasion that the
conservator will be unable to exercise that conservator's right of possession for
any specified period.
6. Written Notice - Written notice shal1 be deemed to have been
timely made if received or postmarked before or at the time that notice is due.
The periods of possession ordered above apply to each child the subject of
,... this suit while that child is under the age of eighteen years and not otherwise
emancipated, or until further order of the Court.
This concludes the Possession Order.
2. Other Parenting Plan Provisions
...
, In addition to al1 other provisions for possession provided in this order, the
following periods of possession are ORDERED:
1. School - IT IS ORDERED that the children shall remain enrolled in
...
I
Fairhill School until further order of the court or further agreement of th~,paf\~:'::.'::;",
/f;~.:"':~~'~;;-~:::~~'"::.~::,,
IT IS ORDERED that DAVID CARY is authorized to exeqifu).aH doc;uments'<-;'~_
needed tofacilitateenrollmentand attendance of the children, the ~9fe&.1'iiNssu.it;·t'~::\
~_ \. ;_::;i~. /r.-.~~
ORDER IN SUIT TO MODIFY PARENT CII1LD RELATIONSH~~~,/~G'E-:~.7;~~(¥'
'''''';-{• .! .", ...•.- . -••...•• -.~ .. , ....
' ....1-;-:;1/ Cc~:. \ ..,,~..
"ill,'JI11:UIIU'\"'\\
- -
the Fairhill School independent of any other person until further order of the court.
IT IS FURTHER ORDERED that the Father, DAVID CARY, shall pay all
expenses for the children in attending Fairhill School until further order of the court or
further agreement of the parties - DAVID CARY shall pay 100% and JENNIFER CARY
shall pay 0% 0 f the cost.
... Educational Fund
IT IS ORDERED that the payment of the Fairhill School expenses extinguishes
the Father's obligation to pay the $30,000.00 Educational Fund each year as previously
ordered on December 1,2006. IT IS FURTHER ORDERED that DAVID CARY's
obligation to pay the $30,000.00 Educational Fund is extinguished as of December 5,
2009.
"T
2. Participation in Educational Activities and Decisions -
Both parents shall be informed of any school trips and activities in which
participation is permitted and both parents shall attend, if they both desire to attend.
3. Extracurricular Activities -
Each parent shall make a good-faith effort to give information to the other parent
about events and activities in the children's lives like school programs, concerts, award
ceremonies, plays, sports events, and other events or activities in which the children are
participating.
Extracurricular expenses shall be paid by the parent who enrolled the child.
..,. 3. Noninterference with Possession
-
IT IS ORDERED that neither conservator shall take possession of the children
during the other conservator's period of possession unless there is a prior written
-
I
agreement signed by both conservators or in case of an emergency.
J
Child Support
IT IS ORDERED that the child support obligation of DAVID CARY}:h~:~:E¥~s~.:~9.:.
tenninat< effective August 16, 2010. i~~::;_0:Cy:~'\
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP ~,..f~GI!>16...0J 33 ,.,.~
-=-:;'':;'';'\ \. : "' ....
,. ',",,\'. , ,~ '.,
~"~i~::~L:~~:~~:>··~~·:~:·:·:;'·
- -'
IT IS ORDERED that JENNIFER CARY's child support obligation shall be offset by the
I
remaining balance of$4,500.00 due by DAVID CARY for child support arrearage ordered on
."
December 1,2006, resulting in a delay of JENNIFER CARY's child support payments and
.,.' medical insurance premium reimbursement to DAVID CARY until November 1,2010.
IT IS ORDERED that JENNIFER CARY is obligated to pay and shall pay to DAVID
CARY a one time child support payment in the amount of $1,175.02 on November 1,2010. IT
IS ORDERED that DAVID CARY's child support arrearage owed is paid in full as of November
.., 1,2010.
THEREAFTER IT IS ORDERED that JENNIFER CARY is obligated to pay and shall
pay to DAVID CARY child support of S I,333.22 per month, with the first payment being due
and payable on December I, 20 I0 and a like payment being due and payable on the first day of
each month thereafter until the first month following the date of the earliest occurrence of one of
- I
the events specified below:
I. any child reaches the age of eighteen years or graduates from high school,
lIP
whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
I
out below;
2. any child marries;
3. any child dies;
- I
4. the child enlists in the armed forces of the United States and begins active service
as defined by section 101 of title 10 of the United States Code; or
5. any child's disabilities are otherwise removed for general purpos~.st'()'f~·':tr>·""
,
,....~.,";' ..... ;~. ~ 0/"'~,
.,"'0\ ~"""""'.~"'.- . -.:. r.....--:<--.. .
If the child is eighteen years of age and has not graduated from higl1:-%-djool, ITIS ....<.~>\
f_, . /"'~~:--- .~ ..
- \ . '~'.
~ ." ;
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP :: ~ P-AGE 17 OED'
::-9·\" ",
'. - ' -
:. .<.~~ -.~~.-
..,
···~;t~~L;.j,-:,' _:\.:.~/~ ~:
-
, I
L
- -
ORDERED that JENNIFER CARY's obligation to pay child support to DAVID CARY shall not
tenninate but shall continue for as long as the child is enrolled-
I. under chapter 25 of the Texas Education Code in an accredited secondary school
,.. in a program leading toward a high school diploma or under section 130.008 of the Education
Code in courses for joint high school and junior college credit and is complying with the
minimum attendance requirements of subchapter C of chapter 25 of the Education Code or
-
~ 2. on a full-time basis in a private secondary school in a program leading toward a
.,. high school diploma and is complying with the minimum attendance requirements imposed by
that school.
Withholding from Earnings
IT IS ORDERED that any employer of JENNIFER CARY shall be ordered to withhold
from earnings for child support from the disposable earnings of JENNIFER CARY for the
support of and
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
JENNIFER CARY by the employer and paid in accordance with the order to that employer shall
.,. constitute a credit against the child support obligation. Payment of the full amount of child
-
support ordered paid by this order through the means of withholding from earnings shall
I discharge the child support obligation. If the amount withheld from earnings and credited
,.. against the child support obligation is less than 100 percent of the amount ordered to be paid by
this order, the balance due remains an obligation of JENNIFER CARY, and it is hereby
M'
I ORDERED that JENNIFER CARY pay the balance due directly to the state dis.\>.l!.r~efue,h~ul)it
.
. .:.~~~';:,'~,: :.'.:.:.~::'<... ~ (-)(:~;"':.
specified below. /"<~~:>". " ":';"":.
L. /,,--=~~
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP ;~' ~ ~'+PAGE 18 OF·33~
"~~::!~~z~,~,·" ,'
..
I
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•
additional child support, the monthly medical premium each month for the minor children,
and
1. IT IS ORDERED that DAVID CARY and JENNIFER CARY shall each provide
.. medical support for each child as set out in this order as additional child support for as long as
the Court may order DAVID CARY and JENNIFER CARY to provide support for the child
under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day DAVID
CARY and JENNIFER CARY's actual or potential obligation to support a child under sections
154.001 and 154.002 of the Family Code tenninates, IT IS ORDERED that DAVID CARY and
JENNIFER CARY are discharged from the obligations set forth in this medical support order
with respect to that child, except for any failure by a parent to fully comply with those
.. obligations before that date. IT IS FURTHER ORDERED that the cash medical support
payments ordered below are payable through the state disbursement unit and subject to the
provisions for withholding from earnings provided above for other child support payments.
2. Definitions -
"Health Insurance" means insurance coverage that provides basic health-care services,
- including usual physician services, office visits, hospitalization, and laboratory, X-ray, and
emergency services, that may be provided through a health maintenance organization or other
private or public organization, other than medical assistance under chapter 32 of the Texas
.,.
Human Resources Code.
"Reasonable cost" means the cost of health insurance coverage for a child that does not
exceed 9 percent of the obligor's annual resources, as described by section 154.~~{\1$ijf:tWe.::.:...
~~~;'~""""~.!~'~""~~:;~"}~"
Texas Family Code, if the obligor is responsible-under a medical-support orJ~.f~r th~iCbs.t of~:.:··'\
f-:r (~:;<.~-. ~., ~
sun TO MODIFY PARENT CHILD RELATIONSIIIP
'\~,::f;;~,:,~200F 33
ORDER IN
.,.
I
- -
l health insurance coverage for only one child. If the obligor is responsible under a medical
support order for the cost of health insurance coverage for more than one child, "reasonable cost"
means the total cost of health insurance coverage for al\ children for which the obligor is
responsible under a medical support order that does not exceed 9 percent of the obligor's annual
resources, as described by section I54.062(b) of the Texas Family Code.
..
"Reasonable and necessary health-care expenses not paid by insurance and incurred by or
on behalf of a child" include, without limitation, any copayments for office visits or prescription
drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care
services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and
necessary health-care expenses do not include expenses for travel to and from the health-care
provider or for nonprescription medication.
"Furnish" means:
a. to hand deliver the document by a person eighteen years of age or older
either to the recipient or to a person who is eighteen years of age or older
and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, 'return receipt
requested, to the recipient's last known mailing or residence address; or
c. to deliver the document to the recipient at the recipient's last known
mailing or residence address using any person or entity whose principal
business is that of a courier or deliverer of papers or documents either
...
-'
within or outside the United States .
d.
"
I
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
I
~
...
I
3. Findings on Health Insurance Availability - IT IS FOUND:
... Health insurance is available or is in effect for the children through DAVID CARY's
-
employment or membership in a union, trade association, or other organization at a reasonable
cost of $403.50.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in
the best interest of the children.
4. Provision of Health-Care Coverage -
DAVID CARY is ORDERED to continue to maintain health insurance for each child
. who is the subject of this suit that covers basic health-care services, including usual physician
services, office visits, hospitalization, laboratory, X-ray, and emergency services. JENNIFER
CARY is ORDERED to reimburse DAVID CARY for the health insurance for each child who is
the subject to this suit.
DAVID CARY is ORDERED to maintain such health insurance in full force and effect
on each child who is the subject of this suit as long as child support is payable for that child.
DAVID CARY is ORDERED to convert any group insurance to individual coverage or obtain
other health insurance for each child within fifteen days of termination of his employment or
other disqualification from the group insurance. DAVID CARY is ORDERED to exercise any
conversion options or acquisition of new health insurance in such a manner that the resulting
,. insurance equals or exceeds that in effect immediately before the change.
DAVID CARY is ORDERED to furnish JENNIFER CARY and the Office of the
.
Attorney General Child Support Division a true and correct copy of the he~,~!~,!,~~~,rance policy
,,\.~C\.\r'l" C""_'
,,'0- _', l , . . _ J ....
or certi fication and a schedule of benefits within 30 days of the signi~f&iifthj's·:6rdet:~:o:A. VID
i'~ ".~_ .. t;~ . . . :/\.-:;
ORDER IN sun TO MODIFY PARENT CHILD RELATIONSHIP ... , '« ;;Act·zi OF 33 : -~
-
l
-
CARY is ORDERED to furnish JENNIFER CARY the insurance cards and any other forms
I
necessary for use of the insurance within 30 days of the signing of this order. DAVID CARY is
-
ORDERED to provide, within five business days of receipt by him, to JENNIFER CARY any
~
insurance checks, other payments, or explanations of benefits relating to any medical expenses
ow
for the children that JENNIFER CARY paid or incurred.
.. Pursuant to section 1504.051 of the Texas Insurance Code, it is ORDERED that if
DAVID CARY is eligible for dependent health coverage but fails to apply to obtain coverage for
.,. the children, the insurer shall enroll the children on application of JENNIFER CARY or others as
authorized by law.
Pursuant to section 154.182 ofthe Texas Family Code, JENNIFER CARY is ORDERED
to pay DAVID CARY cash medical support for reimbursement of health insurance premiums, as
additional child support, of$403.50 per month, with the first installment being due and payable
... on November 1,2010 and a like installment being due and payable on or before the first day of
each month until the termination of current child support for him.
IT IS ORDERED that the cash medical support provisions of this order shall be an
obligation of the estate of JENNIFER CARY and shall not terminate on her death.
Pursuant to section 154.183 of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance are allocated as
,. follows: DAVID CARY is ORDERED to pay 50 percent and JENNIFER CARY is ORDERED
to pay 50 percent of the unreimbursed health-care expenses if, at the time the expenses are
incurred, DAVID CARY is providing health insurance as ordered. ,,,,,,'I"i,:,,,
The party who incurs a health-care expense onbchalf-ofhis or-b~~~~'¥s~~i~-ED to
l)'~~:.-,,-! i\, _,.,,:·\:X\
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP PAGE 2J'bF,3j.:·:.- ....' )',r~
\{;':';ii~::;s~~ti
-
I
-
~
submit to the other party all fonns, receipts, bills, and statements reflecting the uninsured portion
of the health-care expenses within thirty days after he or she receives them. The nonincurring
party is ORDERED to pay his or her percentage of the uninsured portion of the health-care
expenses either by paying the health-care provider directly or by reimbursing the incurring party
for any advance payment exceeding the incurring party's percentage of the uninsured portion of
...,.
the health-care expenses within thirty days after the non incurring party receives the fonns,
receipts, bills, or statements.
.,. These provisions apply to all unreimbursed health-care expenses of a child who is the
subject of this suit that are incurred while child support is payable for any child.
5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health
insurance coverage for the children, both parties shall cooperate fully with regard to the handling
and filing of claims with the insurance carrier providing the coverage in order to maximize the
... benefits available to the children and to ensure that the party who pays for health-care expenses
for the children is reimbursed for the payment from both carriers to the fullest extent possible.
6. Compliance with Insurance Company Requirements - Each party is ORDERED to
.,. confonn to all requirements imposed by the tenos and conditions of the policy of health
-
insurance covering the children in order to assure maximum reimbursement or direct payment by
,
the insurance company of the incurred health-care expense, including but not limited to
requirements for advance notice to any carrier, second opinions, and the like. Each party is
ORDERED to attempt to use "preferred providers," or selVices within the health maintenance
organization, if applicable; however. this provision shall not apply if emergencx.,~e,is/~l19.uired.
..
""~~ ~:\CT P:(':'::""
Disallowance of the bill-by a-health insurer shall not excuse the obligatiof!-~yhher p\rtY··tO:~.~\
ORDER IN SUIT TO MOnU'Y PARENT CHILD RELATIONSHIP
t·: /~~.·f. ;~':~:::::- .,~\ .' '.~
:: t . PAGE 24 OF 3.3
\~~~~;·:0,;:;··
-
-
- make payment; however, if a bill is disallowed or the benefit reduced because of the failure of a
- party to follow insurance procedures or requirements, IT IS ORDERED that each party shall be
equally responsible to pay fifty percent (50%) of the increased p0l1ion of that bill.
-- 7. Claims - Except as provided in this paragraph, the party who is not carrying the
health insurance policy covering the cruldren is ORDERED to furnish to the party carrying the
..
policy, within fifteen days of receiving them, any and all forms, receipts, bills, and statements
reflecting the health-care expenses the party not carrying the policy incurs on behalf of the
children. In accordance with section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT
IS ORDERED that the party who is not carrying the health insurance policy covering the
children, at that party's option or others as authorized by law, may file any claims for health-care
expenses directly with the insurance carrier with and from whom coverage is provided for the
benefit of the children and receive payments directly from the insurance company. Further, for
... the sale purpose of section 1204.251 of the Texas Insurance Code, JENNIFER CARY is
designated the managing conservator or possessory conservator of the children .
• The party who is carrying the health insurance policy covering the children is ORDERED
... to submit all forms required by the insurance company for payment or reimbursement of health-
care expenses incurred by either party on behalf of a cruld to the insurance carrier witrun fifteen
• days of that party's receiving any form, receipt, bill, or statement reflecting the expenses.
8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance
payments received by a party from the health insurance canier as reimbursement for health-care
expenses incurred by or on behalf of a child shall belong to the party who paid !Jl~:.e~p.enses .
. .,\\\\\'~\C' ()n"IJ'J'~
"0'<" .......... -..... '--//.,
IT IS FURTHER ORDEREB that the party receiving theinsurancepa~.,ifdeS1\nate<l.·a'>..
{~./,~~:~:j '\ ... 1_:<, .. \
PAG~.~~ OF'~3 :<.' - ;".
,.
ORDER IN SUlTTO MODlFY PARENT CHILD RELATIONSHIP
;{~(~;·Er:)~;, .
.,..
~--,.~---------------------
... -
constructive trustee to receive any insurance checks or payments for health-care expenses paid
by the other party, and the party carrying the policy shall endorse and forward the checks or
payments, along with any explanation of benefits received, to the other party within five business
. days of receiving them.
"""
9. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
r
OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF
HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL
.,. EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER THE EXPENSES
WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR
THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS,IF ANY, PAID
.,. ON BEHALF OF THE CHILDREN .
10. Miscellaneous Health Care Provisions -
Each parent will deliver the medications of the children to the other parent at the
beginning of the other parent's parenting time.
Each parent will deliver a copy of the medical instructions of the children to the other
parent at the beginning of the other parent's parenting time.
.. Each parent will inform the other via email of regular health-care appointments 48 hours
in advance, and both may attend.
-
j
Miscellaneous Child Support Provisions
i
SupPOrt as Obligation of Estate
IT IS ORDERED that the provisions for child support in this order shall b~jl:l;l,p.p.};i,gation
,..\\·"iCT : - . ' 1 11 ,
\\\;,..rC;,\ • !~'O "~"
of the estate of JENNIfER CARY and shall not tenninateonthe deatho(J¥®f.FE~·CARY~~::_
r· ( ./~_/: ~- "'"
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ORDER IN SU1T TO MODIFY PARENT CHILD RELATIONSHIP ":;':PAGE-i6' orb)
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Payments received for the benefit of the children. including payments from the Social Security
Administration, Department of Veterans Affairs or other govenuncntal agency or life insurance
proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit
against this obligation. Any remaining balance of the child support is an obligation of
JENNIFER CARY's estate.
Optimizing Development of Relationship between Parties and Children
IT IS ORDERED that DAVID CARY and JENNIFER CARY shall encourage
,. and to have a caring and loving relationship with the other
parent and stepparents.
Settlement of Future Disputes
The Court finds that the parties agree to the following, as evidenced by their signatures
.,..
below.
IT IS ORDERED that a party bringing suit against the other party or their respective
spouses or family members will be required to post $100,000.00 before any new suit, other than
a suit brought to enforce the tenns of this Order or an emergency suit alleging imminent danger
of a child, may be initiated. IT IS FURTHER ORDERED that $50,000.00 of said money shall be
immediately disbursed to the party who has not brought the new cause of action and the balance
placed in the registry of the Court.
IT IS ORDERED that the parties will be exempt from the requirement to post $100,000
r
as dictated above for the following:
(1) If either party files for one report back hearing in December 2010;
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(2) the first time Jennifer €ary files a Motion toModit'y-ChildSup~at'id Medical
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ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP PAGF;27pF JJ
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- Reimbursement.
(3) if either party files suit to appoint a parenting facilitator, as this issue was reserved for
further review by the Court.
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Counseling
-
IT IS ORDERED that Alexandra Doyle is appointed as counselor for the children, the
-
subject of this suit. IT IS FURTHER ORDERED that both parties shall cooperate fully with any
and all requests by Alexandra Doyle regarding the frequency and number of appointments of
- and with Alexandra Doyle.
IT IS ORDERED that DAVID CARY and JENNIFER CARY shall each pay fifty percent
of the counseling fees for the children with Alexandra Doyle and IT IS FURTHER ORDERED
-
that DAVID CARY and JENNIFER CARY shall pay the fees directly to Alexandra Doyle.
IT IS ORDERED that DAVID CAR Y and JENNIFER CARY shall cease appointments
- for the minor children with Alex Doyle if the parties agree in writing.
Extinguishment of Prior Debt
The parties have agreed that the sum of $250,000.00 is to be paid to JENNIFER CARY.
Payment of the sum 0[$250,000.00 will extinguish all prior debts that DAVID CARY currently
..,.
-
owes JENNIFER CARY or her attorneys under any existing court order.
The terms and condition of payment of the $250,000.00 are as followed: IT IS
.,. ORDERED that JENNIFER CARY is granted ajudgment against DAVID CARY in the amount
of $250,000.00, such judgment bearing interest at 5 % per annum compounded annually. from
the date the judgment is signed until paid, for which let execution issue if it is not paid.
Medica lNotifica tion
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
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Each party is ORDERED to infonn the other party within two hours of any medical
condition of the children requiring surgical intervention, hospitalization, or both.
_. Within fourteen days after the Court signs this order, each party is ORDERED to
execute-
.,. 1. all necessary releases pursuant to the Health Insurance Portability and
Accountability Act (HIP AA) and 45 C.F.R. section 164.508 to pennit the other conservator to
obtain health-care infonnation regarding the children; and
2. for all health-care providers of the children, an authorization for disclosure of
protected health infonnation to the other conservator pursuant to the HIPAA and 45 C.F.R.
section \64.508.
Each party is further ORDERED to designate the other conservator as a person to whom
protected health infonnation regarding the children may be disclosed whenever the party
executes an authorization for disclosure of protected health infonnation pursuant to the HIPAA
and 45 C.F.R. section 164.508.
Service of Writ
,. Petitioner and Respondent waive issuance and service of the writ of injunction, by
stipulation or as evidenced by the signatures below. IT IS ORDERED that Petitioner and
Respondent shall be deemed to be duly served with the writ of injunction.
Required Information
The infonnation required for each party by section I05.006(a) of the Texas Family Code
is as follows:
Name: DAVID CARY
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
..,
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Social Security number:
Driver's license number: Issuing state: Texas
., Current residence address:
Mailing address: same
Cell telephone number:
--
• Name of employer: TDI Technology
Address of employment: Plano, TX 75074
Work telephone number: 972-672-4280
..,. Name: JENNIFER CARY
Social Security number:
Driver's license number: Issuing state: Texas
Current residence address: 1
Mailing address: same
.,. Cell telephone number:
Name of employer: none
Address of employment: none
Work telephone number: none
Required Notices
'.,. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
.,. HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
.,. DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
r THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
r SUFFICIENT TIME TO PROVIDE 60-DA Y NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTE~~1;ff.~t)~W,JHAT
ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
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NO. 380-54606-03
IN THE INTERESTS OF IN THE DISTRICT COURT
TH
and 380 JUDICIAL DISTRICT
9
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COLLIN COUNTY, TEXAS
INTERPRETATION OF FEBRUARY 8,2010 MEDIATED SETILEMENT AGREEMENT
... I have been requested by the parties to make certain determinations insofar as the
,.
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interpretation and performance of the MSA that was executed on the 8 day of February, 2010 in this
matter.
The following constitutes my determination and clarification of the current disputed items:
• The children shall remain in Fairhill School until further order of the court or further
agreement of the parties..
• The Father shall pay all expenses for the children in attending Fairhill School until
r further order of the court or further agreement of the parties.
• The payment of the Fairhill School expenses extinguishes the Fathers obligation to pay
the $30,000.00 Educational Fund each year effective December 5,2009
• The residence of the children shall be confined to Dallas or contiguous counties until
further order of the court or further agreement of the parties.
• Any parenting facilitator acting under the MSA executed on February 8, 2010, shall serve
as long as the court deems it necessary or further agreement of the parties.
• The payment of the sum of $250,000 to Mother extinguishes all prior debts that Father
owed to Mother or her attorneys on February 8, 2010, under any court order that
existed on February 8, 2010.
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The First Administrative Judicial Region Page 1 of 1
'..,.. The First
Administrative Judicial Region
..,..
Judge Ovard's Memo Bio Information:
Judicial Region Judges Presiding Judge of the First Administrative Judicial
Region 2000-Present
• Justice of The Court of Appeals, Fifth District of Texas at
Judicial Region Courts
Dallas 1989-2000
• Judge of 265th Judicial District Court of Texas 1979-
Search Judicial Assignments By Judge 1988
• Law Practice with Parker and Ovard 1978
Search Judicial Assignments By Court • Assistant District Attorney with Dallas County 1969-1977
• Education:
Search Judicial Assil!nments By County BBA University of Texas at Austin 1966
-
JD University ofTexas Law School 1968
, Assignment Request Form Service and Recognition Achievements:
- Honorary member on the Board of Advocates of
Dedman School of Law
Rules of Procedure - Past chairman of the Criminal Law Section of the
Dallas Bar Association
- Past recipient of the Texas Department of Human
Judge John Ovard Useful Links Resources "Recognition Award for Exemplary
Support of Protective Services for Children"
- 2007 Recipient of Wednesday's Child HUG
Award for providing Hope, Understanding, and
Generosity to North Texas foster children
- Lifetime member of Zion Lutheran Church where he
served as a deaaon and Sunday School superintendent
~.. -
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Phone: (214) 653-2943
Fax: (214) 653-2957
Email: George Cowart
Email: Judge OYard
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The
First Administrative
Judicial Region
Judge Information
Select Judge from List to review information.
-----'--'---"'---
I List Judge
Hon. John L. McCraw Jr.
.,. Judge Sio Education
Appointed
- , Status: Senior
Court: 5th Court Of Appeals
'.,. '
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The First Administrative Judicial Region
133 N. Industrial
'T' LB 40
Dallas, Texas 75207
Phone: (214) 653-2943
Fax: (214) 653-2957
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RIl 7/701 0
.Page 1 ot 1
The
- First Administrative
Judicial Region
Assignmemts Information
.,. _ _ _ ••_0 _ _ _ _
Get Court Assignments by the Court of your choice .
100th District Court List Assignments
JName
..,.
.,.
Hon. Keith Dean
Han. Quay Parker
~Y:'-.? 1".7~~~ ~~~7' " Jff.r~'"
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The First Administrative Judicial Region
'T 133 N. Industrial
LB 40
Dallas, Texas 75207
Phone: (214) 653-2943
Fax: (214) 653-2957
'T
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The
- First Administrative
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Assignmemts Information
Get Court Assignments by the County of your choice.
Anderson List Assignments
.,. Collin
JName II Start Date II EndDate IIDaysl Court II Conditions
Han. John
Ovard
5/25/2010 5/25/2010 ~401st
District
Cause No. 401-52595-2008: In the Interest of
Hanae Mori Sampley, a child.
Court
.,. Han. Quay
Parker
7/22/2010 7/22/2010 ~199th
District
Court
To hear Cause No. 199-2973-2008: In the Matter of
the Marriage of Long .
Han. John
Nelms
812/20101 7130/2010 ~401st
District
to hear Cause No. 401-81562-10: State of Texas vs.
Marcia Simpson.
Court
Han. John 8/2/20101 7/30/2010 ~401st To hear Cause No. 401-81557 -10: The State of
Nelms District Texas vs. Sherry Bell.
Court
Han. John 8/21201017/30/2010 ~401st To hear Cause No. 401-81559-10: State of Texas
..,. Nelms District
Court
vs. Rebecca Littrell.
Han. John
Nelms
8121201017/30/2010 ~401st
District
to hear Cause No. 401-81561-10: State of Texas vs.
Lorrie Robertson.
Court
Han. John
Nelms
8/2120101 8/2120101~ 401st To hear Cause No. 401-81561-10: The State of
District Texas vs. Lorrie Robertson.
Court
Han. John
Nelms
812/20101713012010 ~401st
District
To hear Cause No. 401-81560-10: State of Texas
vs. Amy Mathis.
T' Court
Han.
Donald
819120101811312010 ~401st
District
Auxiliary Court.
Jarvis Court 1
Han.
Richard
819120101811512010 ~429th
Jcounty
District
Davis Court
Han. Bill 819/20101811212010
Bachus Court at
Law #1 -
Collin
Han. James 8/9/2010 8/13/2010 5 199th
R. Fry District
,. httn·/Ifir<:t:uimin rnm/~<:nfRvrnt ~<:n SUl 'JI'JCllC1
.Page 1. ot j
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ICourt
- Han. Quay
Parker
8/10/2010 8/10/2010 ~1991h
District
Court
To hear Cause No. 199-52987-2010: In the Matter
of the Marriageof Smith.
Han.
Donald
8/16/2010 8/20/2010 ~4171h
District
Jarvis Court
.,. Han. James
R. Fry
8/16/2010 8/20/2010 ~401S1
District
Auxiliary Court.
Court
1
Han. Quay
Parker
8/16/2010 8/20/2010 ~401S1
District
This assignment is to hear the CAC docket.
Court
Han. Quay 8/20/2010 8/20/2010 1 199th To hear Cause Nos. 199-81720-08, 199-81721-08,
Parker District 199-81722-08, 199-81723-08 and 199·81724-08;
Court The State of Texas vs. David Calhoun Jones, and to
.,.
hear any other matters pertaiining to the business of
the 199th Judicial District Court while serving under
this assignment.
,.. Han. Keith
Dean
8/23/2010 8/27/2010
~3BOth
District
Court
Han. 8/23/2010 8/27/2010 This assignment is to hear the CAC docket.
Nathan
J401S1
District
Emmett Court
White. Jr.
8/23/2010 8/27/2010
Jcounl Y
Hon.Don
'T" Metcalfe Court at
Law #3-
,.. Han. Quay 8/23/2010 8/27/2010 ~401S1
Collin
Auxiliary Court.
Parker District
Court 1
Han. 8/25/2010 8/27/2010
Richard
Jcounty
Court at
Mays Law #4-
Collin
Han. Keith 8/30/2010 9/31201 0l~ 401 sl To hear Cause No. 401-81939-09 and 401-81940-
Dean District 09: State of Texas VS. Vernon Bowman.
Court
Han. Don 8/30/2010 8/31/2010
Metcalfe
Jcounty
Court at
Law #3-
Collin
Han. Quay 9/1/20101 9/3/20101 ~ 401s1 Auxiliary Court.
Parker District
'i Court 1
Han. James 9171201019/13/201 0 ~ 401 sl Auxiliary Court.
R. Fry District
j Court 1
Han. 9/13/2010 9/1712010 ~ 401s1 Auxiliary Court.
Donald District
j Jarvis
. . . .Court
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Page 3 ot3
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Han. Webb 9/13/2010 9/17/2010 199th
Biard District
Court
-
Han. 9/13/2010 9/17/2010 380th
Nathan District
Emmett Caurt
White. Jr.
..,. Han. Vicki
Isaacks
9/14/2010 9/14/2010 429th
District
Caurt
Han. Vicki 9/16/2010 9/17/2010 429th
Isaacks District
Court
Han. Phil 9/20/2010 9/21/2010 County
..,. Barker Court at
Law #2-
-
Collin
Hon. 9/27/2010 10/1/2010 401st Auxiliary Court.
Nathan District
I
Emmett Court
White. Jr.
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Hon. Quay 10/4/2010 10/22/2010 380th
Parker District
Caurt
Han. Keith 10/412010 10/8/2010 380th
.,.
Dean District
Caurt
Han. James 10/4/2010 10/8/2010 401st Auxiliary Court.
R. Fry District
Court I
Han. 10/11/2010 10/15/2010 401st Auxiliary Court.
Donald District
.,. Jarvis Caurt I
The First Administrative 'Judicial Region
133 N. Industrial
,. LB 40
Dallas, Texas 75207
Phone: (214) 653-2943
Fax: (214) 653-2957
j
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The
First Administrative
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Assignmemts Information
Get Court Assignments by the Judge of your choice.
List Assignments
Han. Phil Barker I
StartDatellEndDatellDays~ I
..,. Court II County Conditions
9/1/20091. 9/1120091 __+T_h_is_a_SS_ig_n_m_e_n_ts_h~al_1sAugust-.t31,m=-2010.1_'_2_00_9_a_n_d---!1
11_T_O_O_th_e_r_R_eg_iO_n_+I_TRO~9::....~lot_hn_er
-----.J . shall continue through _ta~rt: . . s_e_p:. e. :. . b:. -.e. .:. .r
9/1/20101 1 To ~ther
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To Other Region
. Region
This assignment shall continue through August 31,
2011 .
1
9non010
1
9~1~0101 2Irc-o-un-t-y-c-oo-rt-.a-t-~I·-c~~~~n--~-----------------~
1 "-~ Law #2 - Collin
The First Administrative Judicial Region
..,. 133 N. Industrial
LB 40
Dallas, Texas 75207
Phone: (214) 653-2943
Fax: (214) 653-2957
.,..
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.,. htto://firstadmin.com/aso/BvJdll.asn RI1 ?J?Ol 0
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The
'' First Administrative
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Assignmemts Information
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List Assignments
I Hon. William Martin III
IStartDate~EndDatellDaysl Court County II Conditions
9/7!20201~ Court
10/9/20071 4th District
~
911120091 9/1/20091~ ~~~~ District Cherokee 1This.assignment is to hear the Foster Care docket and shall
..,.. continue through August 31,2010 . I
9/1/20091 9/1/20091~ ~:~~ District ~ This. assignment is to hear the Foster Care docket and shall
continue through August 31,2010.
.,. 9/1/20091 9/1/20091~ ~~~~ District Upshur 1 This.assignment is to hear .the Foster Care docket and shall
continue through August 31,2010.
9/1/20091 9/1/20091~ ~t~u~istrict ~ This assignment is to hear the Foster Care docket and shall
continue through August 31,2010.
9/1/20091 9/1/20091~ "{;~t~rtDistrict Morris 1This aSSignment is to hear the Foster Care docket and shall
continue through August 31.2010.
,. 9/1120091
9/1120091
9/1/20091~ ~:~~ District
9/1/20091~ ~~~~istrict
Morris 1Thisassignment is to hear the Foster Care docket and shall
continue through August 31,2010.
Cherokee 1This. assignment is to hear the Foster Care Docket and shall
conlrnue through August 31. 2010.
9/1120091 9/1/20091~ ~~t~rtDistrict Kaufman 1This. assignment is to hear the Foster Care docket and shall
continue through August 31, 2010.
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9/1120091 9/1120091~ ~t~u~istrict ~ This. assignment is to hear the Foster Care docket and shall
continue through August 31, 2010.
9/1/20091 9/1/20091~ ~~~~ District ~ This assignment is to hear the Foster Care docket and shall
Zandt . continue through August 31, 2010.
- 9/1/20091~ ~:u~istrict Red River 1This.assignment is to hear the Foster Care docket and shall
9/1/20091 continue through August 31,2010.
J
9/1/20091 9/1/20091~ ~~~~d District Red River 1This.assignment is to hear the Foster Care docket and shall
contllnue through August 31, 2010.
,.. 9/1120091 9/1/20091~ ~~~~ District ~ This.assignment is to hear the Foster Care docket and shall
continue through August 31,2010.
9/1/20091 9/1/20091~ ~~~~ District Hunt
1This assignment is to hear the Foster Care docket and shall
continue through Agust 31, 2010.
j 9/3/20091 9/3/20091~ ~~~~ District Marion 1This.assignment is to hear the Foster Care docket and shall
continue through August 31,2010.
The First Administrative Judicial Region
133 N. Industrial
LB 40
r Dallas, Texas 75207
Phone: (214) 653-2943
Fax: (214) 653-2957
j
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page I 01 I
The
First Administrative
Judicial Region
Assignmemts Information
..,. Get Court Assignments by the Judge of your choice.
List Assignments
I Hon. John L. McCraw Jr.
!StartOate"EndOateloaysl Court I!Countyl Conditions
6/10/2010 6/24/2010
~292nd ~ Cause Nos. W02-45407-VIA) and W02-45405-VIA), Ex Parte Scoll
1 District
Arthur Gardner.
Court
To hear Cause Nos. CR01350,CR01351 and CR01352; The State of
Texas vs. Mark Allen Richardson. Cause Nos. CR01353,CR01354
102nd and CR01355: The State of Texas vs. Jermicole Savory Richardson.
Red
8/2/2010 8/2/2010 1 District Cause Nos. CR01344,CR01345 and CR01346: The State of Texas
River
Court vs.Xavier Marquist Richardson. Cause Nos. CR01347,CR01348 and
CR01349: The State of Texas vs. Verger Richardson(aka Vergil
Richardson).
8/10/2010 8/10/2010
~382nd
1 District
~ Th;s ass;gnmenl ;s 10 hear Cause No. 2-10-380, The Siale ofTexas
Rockwall vs. John Collen Cullins and Cause No. 2-10-381: The Slate of Texas
Court vs. John Collen Cullins.
8/12/2010 8/12/2010
~382nd
1 District
Court
Rockwall I
The First Administrative Judicial Region
133 N. Industrial
LB 40
Dallas, Texas 75207
- Phone: (214) 653-2943
Fax: (214) 653-2957
r
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httn'/Ifir,t::lnmin rnm/::l<:nffivTno ::lIm SV1'J/?OlO
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
I n the Matter of the Marriage of David Fredrick Cary Vs. § Location: 380th District Court
.Iennifer Lynn Cary § Judicial Officer: Wooten, Suzanne
§ Filed on: 1212912003
§ Case Number History:
§ Appeal: OS-OS-00233-CV
§ OS-OS-00727-CV
§ OS·07-012S9-CV
.,.
C\.<;E '''FOIOI.\TI!YI;
Statistical Closures Case Type: Divorce
10/05/2004 Agreed Judgment
IhTE
Current Case Assignment
Case Number 3805460603
Court 380th District Court
.,. Date Assigned
Judicial Officer
0112112009
Wooten, Suzanne
,.
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Lead Allomeys
Petitioner Cary, David F Webb, Brian L
Retained
214·871·2730(W)
,..
Gunnstaks, C. Luke Thomas, Ashlie L
Retained
817·503-9200(W)
Respondent Cary, Jennifer L Neal, William F
Retained
T' 972-436-8000(W)
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12/2912003
fE
ru Conversion
!""C.
PETITION FOR DIVORCE
[\'E'\TS Soc ORIWf{S Of TilE COPln
.... 12n9/2003 Conversion
REQUEST FOR CIT & TRO / NO SERVICE
1212912003 Conversion
AFFD A E HAYS ETAL
12/2912003 Conversion
ISS CIT & TRO RET TO SCOTT
12129/2003 §J Conversion
j RULE 103 STMPD
1212912003 9J Conversion
j TROSGND
01106/2004 WConversion
SIR ClTITROJENNIFER CARYll·j-(}4 $125.(}O
j
PAGE I OF 66 Printed all 08//212010 (1/ 1:44 PM
JUDGE'S
'T" DOCKET SHEET
CASE No. 3805460603
,.. 01106/2004 9J Conversion
ORDER REQ COMPLETE CHILD INT SEMINAR SGN
,. 01/09/2004 Conversion
HRGTRORMVD
.,. 01/0912004 Conversion
HRG TRORMVD
,. 01/0912004 WTemporary Injunction
Agreed Mutual Temporary Injunction
,. 0111)/2004 ii1 Conversion
R'S ORIGINAL ANSWER! JENNIFER
01/13/2004 WConversion
COUNTER-PETITION FOR DIVORCE
T'
01122/2004 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
TRO
,. QJ Leiter
0112)/2004
from Judge to A 1I0rneys • Sel for Trial on 5-IO-(}4
02110/2004 iiJ Conversion
MOTION FOR SOCIAL STUDY
02n6/2004 Conversion
MTN FOR SOCIAL STUDY RMVD
r··
02126/2004 W Conversion
MOT FOR SUBS OF COUNSEL
02127/2004 WConversion
RULE II AGREEMENT
0)/0412004 WConversion
PPE CERT-JENNIFER CARY 112614
,-
03112/2004 9J Conversion
MOT SIGN TEMP ORD
j 03122/2004 WConversion
REQ FOR JURY TRIAL
j 03122/2004 §J Conversion
MOT FOR PSYC EVALUATION
j 03122/2004 9J Conversion
AGRD MOT FOR WIDRA W OF COUNSEL
j 03122/2004 WConversion
r PAGE 2 OF 66 Printed 011 nS1I2/2010 at 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
NOT OF APPEARANCE OF COUNSEL
..,..
03124/2004 §J Conversion
ORD FOR WIDRA WAL OF COUNSEL-SIGNED
,...-:.
0312512004 Q,J Conversion
MOT FOR ENTR Y ON LAND
03125/2004 aJ Conversion
APPEARANCE OF CO-COUNSEL
0)130/2004 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MOT TO SIGN 1'10
03130/2004 Conversion Entry (9:00 AM) (judicial Officer: Sandoval, Charles F.)
MTN FOR PSYCHOLOGICAL EVALUATION
03/30/2004 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN FOR ENTRY ON LAND
,.. 0)/30/2004 Conversion
TBC RMVD
.,.
0)/30/2004 ~ Conversion
TEMPORARY ORDERS-SIGNED
,. 03/3112004 {iJ Letter
Vacation - A Michelle May
.,.
04102/2004 W Conversion
~
PPE CERT. DAVID. 2123104
04/12/2004 B:J Letter
Fo A Michelle May to Rick Robertson - request for extension of time
04122/2004 KJ Conversion
MOT FOR ENFORCE AND OR'EJ TO APPEAR
1"
0412212004 Conversion
REQUEST FOR CIT & NOTICEINO SERVICE
i 0412212004 Conversion
AFFI RULE 103 HILTON & BURDEN
r 04128/2004 9J Conversion
RULE 103 ORDER-STMPD
j 0412912004 Conversion
CIT AND NOTICE ISD TO FRONT
WConversion
r
0413012004
SIR CIT DAVID CARY 4-29-04 $60.00
I 04/30/2004 1iJ Conversion
T SIR NOT DAVID CARY 4-29-04 $35.00
PAGE 3 OF 66 Prill ,ed all OSIJ 212010 lit 1:44 PM
JUDGE'S
""j' DOCKET SHEET
CASE NO. 3805460603
05/05/2004 9J Conversion
1ST AMENDED PET FOR DIVORCE
..,. 05/05/2004 WConversion
DAVID F CARY'S ORIG ANSWER
0511 0/2004 {i] Conversion
1ST AMEND MOT FOR ENFORCEMENT
.,. 05112/2004 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN FOR ENFORCEMENTIORDER TO APPEAR
05120/2004 WConversion
-r AGJ SCHEDULING ORDER SGND
.,. 05/2512004 ~ Conversion
NOT OF INTENT TO TAKE DEPO BY
05/25/2004 Conversion
WRITTEN QUESTIONS
05/25/2004 WConversion
MOT TO QUASH & FOR PROTECTIVE ORDER
06/08/2004 9J Conversion
NOT OF APPEARANCE AND MOT FOR
06/0812004 Conversion
-SUBSTiTUTIONS OF COUNSEL
06/08/2004 §J Conversion
AGREED MOT FOR WID OF COUNSEL
06/10/2004 Connrsion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
DIC FOR ORDERS
.,. 0611412004 Iil Conversion
CERT DEPOIPETER SHERROD.M.D. $164.73
r-
'T 06114/2004 9J Conversion
CERT DEPOICAROLYN ASHWORTH.M.D. $124.50
06114/2004 WConversion
CERT DEPOIKIDNETWORKS $122.25
06114/2004 WConversion
CERT DEPOIPLANO PEDIATRICS $163.75
j 06114/2004 ~ Conversion
CERT DEPOIPRINCE OF PEACE SCHOOL $117.75
T
06114/2004 9J Conversion
PI'i/lled all 08//212010 01 / ·44 PM
PAGE 4 OF 66
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
CERT DEPOINRTH TX EAR,NOSE & THROAT $/34.25
06114/2004 ~ Conversion
CERT DEPOIPRINCE OF PEACE SCHOOL 1117.75
06/14/2004 BJ Conversion
-
CERT DEPOITX CHILD NEUROLOGY $157.50
0611412004 9J Conversion
CERT DEPOIOFFICE OF SANDY BU7TINE $/09.75
06114/2004 WConversion
CERT DEPOIPLANO ISD $/67.76
06/1412004 9J Conversion
.,.
CERT DEPOfPLANO ISD $152.46
0611412004 !iJ Conversion
CERT DEPOIPETER SHERROD $202.40
06114/2004 9J Conversion
CERT DEPOIPLANO PEDIATRICS $159.75
0611412004 iiJ Conversion
C£RT DEPOIDEVELOP PEDIATRIC SERVICE $148.55
,
06114/2004 WConversion
CERT DEPOIGRACE PRESBY CHURCH $105.70
r:.
0611412004 ~ Conversion
CERT DEPOIPEDIATRIC OPTIIAMOLOGY,PA $127.75
:r
I
06114/2004 "
9J Conversion
CERT DEPOIGRACE PRESBY CHURCH S107.00
i 06/14/2004 §J Conversion
CERT DEPOIACUTE KIDS URGENT CARE $119.75
- i
0611412004
,-
WConversion
,.
CERT DEPOIINFA NTrf'ODDLER INTER VENT S387. 77
06/1412004 §J Conversion
CERT DEPOIST ANDREW UNIT METH CHURC $138.75
j
06/1412004 gj Conversion
CERT DEPOIST ANDREW UNIT METH CHURC $1 39.00
06114/2004 9J Conversion
CERT DEPOIINFINITE BOUNDS $/40.25
06114/2004 9J Conversion
Printed 011 ()8112/2M () at 1.·,14 PM
PAGE S OF 66
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
CERT DEPOIINFlNIT£ BOUNDS $114.50
06/14/2004 WConversion
CERT DEPOIEASTER SEALS REHAB SERVIC $172.25
..
06114/2004 9J Conversion
CERT DEPOIEASTER SEALS REHAB SERVIC $197.25
06116/2004 WConversion
RULE II AGREEMENT
.,. 06118/2004 9J Conversion
MOT TO QUASH & FOR PROTECTIVE ORDER
06123/2004 WConversion
FIRST SUPPLEMENTAL PET FOR DIVORCE
06124/2004 §J Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO QUASHIMTN FOR PROTECTIVE ORDER
.,. 06124/2004
r--
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RESPONSE TO MOT TO QUASH & FOR
06124/2004 ~ Conversion
PROTECTIVE ORDER & MOT TO COMPEL
'I!'" 0612412004 Conversion
PRODUCTION OF MENTAL HEALTH RECDS
0612412004 til Conversion
ORD FOR WID OF COUNSEL-SiGNED
-,. 06124/2004 WConversion
ORD DENY MIQUASII & COMPEL PROD-SIGNED
06130/2004 Kl Conversion
SIR SUBP CATHY HEFLIN 6-24-04
06/30/2004 ~ Conversion
1" SIR SUB} ALICIA TRW/LLIO 6-27-04
W Conversion
~
06/3012004
SIR SUB) CHARLES HALLUM 6-24-04
06130/2004 9J Conversion
SIR SUB) DIANA BOONE 6-25-04
06130/2004 Conversion
SIR SUB} ALICIA TRWILLIO 6-27-04
,. 07/02/2004 9J Conversion
AFFI BUS RECSI AT&T WIRELESS
PAGE 6 OF 66 Prill ted 011 0811212010 (l/ 1'44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
I
~ 07/06/2004 bJ Conversion
AFFD OF BUSINESS RECORDSITEX CHILD
07/06/2004 Conversion
NEUROLOGYI
07/06/2004 9J Conversion
AFFD OF BUSINESS RECORDSIPLANO PEDIATRICS
07/06/2004 Conversion
- 6J Conversion
07106/2004
I
AFFD OF BUSINESS RECORDS/CAROn YN
07/06/2004 Conversion
ASHWORTH M R
07/06/2004 QJ Conversion
AFFD OF BUSINESS RECORDSINORTH TEX
07/06/2004 Conversion
EAR, NOSE & THROAT/S CARY
I
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07/06/2004 9J Conversion
AFFD OF BUSINESS RECORDS/PLANO ISD
07/06/2004 Conversion
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r~
2004
AFFD OF BUSINES RECORDS/PRINCE OF
07/06/2004 Conversion
PEACE CHRISTIAN SCHOOUCHRISTIANA H CARY
07/06/2004 Conversion
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AFFD OF BUSINESS RECORDS/PRESBY
07/06n004 ~ Conversion
.' HOSPITAL OF DALLASIC H CARY - VOL I
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07/06/2004 9J Conversion
AFFD OF BUSINESS RECORDS/PLANO ISD
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07/0612004 Conversion
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07/06/2004 9J Conversion
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07/06/2004 Conversion
PEACE
PAGE 7 OF 66 Prill ,ed 011 08//212010 01 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
07/06/2004 !iJ Conversion
AFD OF BUSINESS RECDS/SANDY BU7TfNE
07/06/2004 Conversion
07/06/2004 {i1 Conversion
-,. AFD OF BUSINESS RECDS/KIDNETWORKS
07/0612004 Conversion
07/0612004 gJ Conversion
.,. AFFD OF BUS RECDS/PEDIATRIC OPTHAL
07/06/2004 Conversion
.,. 07/0612004 9J Conversion
AFFD OF BUSI RECDS/GRACE PRESBY
07/06/2004 Conversion
CHURCH/
07/06/2004 "
gJ Conversion
AFFD OF BUSI RECDS/EASTER SEALS RE
07/0612004 Conversion
HAB SERV OF GREAT DALLAS/S CARY
07/0612004 til Conversion
AFFD OF BUSI RECDS/EASTER SEALS RE
07/0612004 Conversion
HAB SER OF GREAT DALLAS/C H CARY
07/0612004 KJ Conversion
AFFD OF BUSI REeDS/INFANT & TODDLER
0710612004 Conversion
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0710612004 ~ Conversion
AFFD OF BUSI RECDSIST ANDREW UNITED
07/06/2004 Conversion
MED CHURCH CHILDREN WEEKDA Y PROGR
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07/06/2004 Conversion
2004 9J Conversion
AFFD OF BUSI RECDS/ACUTE KIDS URGEN
07/06/2004 Conversion
CARE/
PAGE 8 OF 66 Printed 011 OSI/ }IJntO at 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
... 07/06/2004 iii Conversion
AFFD OF BUSI RECDS/ST ANDREW METD
07/06/2004 Conversion
CHURCH CHILDRENS'/
... 07/06/2004 9J Conversion
AFFD OF BUSI RECDS/INFINITE BOUNDS
07/0612004 Conversion
~
0710612004 WConversion
"":" AFFD OF BUSI RECDS/INFINITE BOUNDS
07/0612004 Conversion
07/06/2004 WConversion
AFFD OF BUSI RECDS/GRACE PRESBY
07/06/2004 Conversion
07/06/2004 WConversion
AFFD OF BUSI RCDS/PLANO PEDIATRICS
07/06/2004 Conversion
07/06/2004 li1 Conversion
AFFD OF BUSI RECDS/DEVELOPMENTAL
07/06/2004 Conversion
PEDIATRICS SERV/
07/06/2004 li1 Conversion
AFD OF BUSI RECDS/PETER SHERROD MD
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07/06/2004
07/06/2004
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AFFD OF BUSI REeDS/PETER SHERROD MD
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NOTICE OF FILINGIDAVID F CARY
07/06/2004 WAffidavit of Business Records
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PAGE 9 OF 66 Prill led 011 0811 2I201D (11 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
07/06/2004 QJ Affidavit
VOL 2
07/06/2004 ~ Affidavit
VOL 3
iii Affidavit
.,.
07/06/2004
VOL 4
07/07/2004 ~ Conversion
NOTICE OF FILING
07/07/2004 9J COli version
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07/07/2004
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, 07/07/2004
I DECLARATlON FOR BUS REC - MORGAN ST
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07/07/2004 Conversion
BUS REC & AFF IN WINDOW SILL
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07/0912004
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SIR SUBP SUSAN MOSTY 07-07-04
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07112/2004 {i) Conversion
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MEDIATED SETTLEMENT AGREEMENT
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0711212004 9J Conversion
SIR SUBP/CARRINE REILLYI7-9-04
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0711212004 ~ Conversion
SIR SUBPIDR. MICHAEL GOTTLlEB170904
0711912004 COli version Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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0711912004 Conversion
J ANN SETTLED - P/U BY FRIfJA Y RMVD
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07120/2004 QJ Conversion
J OFF CERT-PRESBY HOSP OF DALLAS $/326.08
0712112004 iii Conversion
REPORT CERT-DA VlD CARY $/00945
PAGE 100F66 Prillted on 08111nn/O at 1.44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
.,. 07122/2004 ~ Conversion
CERT DEPOIDAV/D CANY SI()()9.45
0712212004 IiJ Conversion
CERT DEPOIDAV/D CARY $483.20
07123/2004 {i] Conversion
MOT TO WID AS COUNSEL FOR DA V/D
0712312004 Conversion
CARY
07123/2004 9J Conversion
ORDER TO WID SIGNED
.... 07126/2004 Ii1 Letter
to Judge from Mediator - all matter have been resolved
.,. 0811 0/2004 KJ Conversion
CERT DEPOIASHLEY MARSHALL S160.45
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0811912004 ~ Conversion Entry (9:00 AM)
DIC FOR ORDERS
(Judicial Officer: Sandoval, Charles F.)
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08/24/2004 9J Conversion
CERT DEPOISUSAN MOSTY $372.00
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CERT DEPOIJENNIFER LYNN CARY 5434. 70
08124/2004 ~ Conversion
CERT DEPOID/ANA BOONE $137.60
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0812412004
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08124/2004 WConversion
CERT DEPOIJENNIFER LYNN CARY S1063.80
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,. 09108/2004 §J Conversion
CERT DEPOIDIANA BOONE S171.50
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09120/2004 9J Conversion
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10101/2004 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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1010 1/2004 ~ Conversion
RESP'S INVENTORY & APPRAISMENT
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PAGE II OF 66 Prill ,ed Oil OSII2120/o 01 I :44 PM
JUDGE'S
~
DOCKET SHEET
CASE No. 3805460603
Conversion
.,..
10/05/2004
DIC FOR ORDERS OR DISMISS RMVD
10/05/2004 Conversion
.,.. 6 COPIES
10105/2004 9J Conversion
.,. FINAL DECREE OF DIVORCE-SIGNED
10/05/2004 Austin Form
Mailed on I {}-15-{}4
10/15/2004 Conversion
DOCKETSlIEET
.,. 1012912004 9J Conversion
NOT OF ADDRESS CHANGE/JENNIFER CARY
12121/2004 §J Conversion
NOT OF ADDRESS CHANGEIDA VE CARY
04113/2005 Conversion
PET TO MOD PARICHD RELATIONSHIP
,. 04113/2005 9J Conversion
MOT FOR CLARIFICATION OF PRIOR ORD
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~ REQUEST FOR CIT & TRO I NO SERVICE
0411312005 Conversion
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04/13/2005 Conversion
AFFD 103- MATTHEW HILTON, VINDENT
04/13/2005 Conversion
M STEVENS OR SCOTT HICKMAN
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I
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, ISSUED NOT TO JULIO @FRONT COUNTER
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04/13/2005 liJ Conversion
TROSGND
04/1 ]/2005 !il Conversion
~ RULE 103 ORDER-STMPD
04/1 ]12005 £0 Conversion
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J MMOT: PET TO MOD PCR
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04114/2005 Conversion
COPIES 12 PAGES
PAGE 12 OF 66
JUDGE'S
.,.. DOCKET SHEET
CASE No. 3805460603
04118/2005 {i] Conversion
SIR CIT. TRO&NOTDAV/D FCARY 41605 SI4().OO
04122/2005 Qj Conversion
• RESP'S ORIG ANSWER TO MOTION FOR
04122/2005 Conversion
• 04122/2005
CLARIFICATION OF PRIOR ORDER
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RESP'S ORIG ANSWER TO PET TO MODIFY
0412212005 Conversion
.,. ,-
PAR-CHD RELATIONSHIP
9J Conversion
ORIG COUNTER-MOT FOR CLARIFICATION
04/2212005 Conversion
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04122/2005 WConversion
ORIG CTR-PET IN SAPCR
04122/2005 §J Conversion
MOT TO DISMISS.ABATE OR CaNT MOT
0412212005 Conversion
FOR CLARIFICATION OF PRIOR ORDER
04/22/2005 Con version
AND MOTTO TRANSFER
,. 04/22/2005 BJ Conversion
MOT TO DISMISS,ABATE OR CaNT PET TO
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04/22/2005 Conversion
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SIR SUBP, JENNIFER CARY, 41261(}5 S65.(}0
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RULE 1(}3 STMP
0412112005 Conversion Entry (9:00 AM) (judicial Officer: Sandoval, Charles F.)
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I 0412112005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MIABATE MITRANI MIDISM MlCONT
04/27/2005 Conversion
RESP'S 2ND SUPPLEMENTAL ORIG ANSWER
PAGE IJ OF 66 Printed on (J811 212(J/(J at 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
04n7/2005 Conversion
TO PET TO MODIFY PAR-CHD RELATION
04n7/2005 WConversion
RES'S 2ND SUPPLEMENTAL ORIG ANSWER
04n7/2005 Conversion
TO MOT FOR CLARIFICA TlON OF PRIOR
O4n7/2005 Conversion
ORDER
0412712005 {i] Conversion
.,. BRIEF IN SUPPORT OF 'MOT TO DISMISS
O4n7/2005 Conversion
ABATE OR CONTINUE MOT FOR CLARI-
04n7/2005 Conversion
FICATION OF PRIOR ORDER AND MOT
O4n7l2005 Conversion
TO TRANSFER
,-
04/27/2005 9J Conversion
BRIEF IN SUPPORT OF "MOT TO DISMISS
04n7/2005 Conversion
ABATE OR CONTINUE "PET TO MODIFY
0412712005 Conversion
PAR-CHD RELATION AND MOTION TO
04n 7/2 005 Conversion
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04127/2005 WConversion
RESP'S 1ST SUPPLEMENTAL ORIG ANSWER
04n7/2005 Conversion
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04/27/2005 ~ Conversion
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O4n7l2005 9J Conversion
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04128/2005 Conversion
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05/10/2005
AFFD CONTROVERTING MOT TO TRANSFER
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05/11/2005 9J Conversion
PAGE 14 OF 66 Printed on 0811212010 at 1:44 PM
JUDGE'S
." DOCKET SHEET
CASE No. 3805460603
SIR SU TO GLORIA JACKSON ()5()9()5
..,.
06/07/2005 ~ Conversion
NOTOF FILING BUS REC·GLORIA JACKSO
06/08/2005 iii Conversion
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0611012005 9J Conversion
MEDIATED SETTLEMENT AGREEMENT
..,.
0611 0/2005 WConversion
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06113/2005 9J Conversion
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06113/2005
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06113/2005 !iJ Conversion
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MOT TO COMPEL PRODUCTION
06113/2005 WConversion
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06113/2005 WConversion
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0611 3/2005 Conversion
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,. 0611312005 !iJ Conversion
SIR SUB BRYAN LANGLEY 06-13·0j
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06113/2005 Conversion
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06115/2005 WConversion
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06115/2005 Conversion
-MOT FOR PROTECTIVE ORDER
06/16/2005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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06116/2005 iii Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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PAGE 150F66 Prill/ed 011 (J811 Zl2(J[(J at 1:44 PM
JUDGE'S
..,. DOCKET SHEET
CASE No. 3805460603
MTN TO COMPELlMTN FOR CONTIMTN TO ABATE
06116/2005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO QUASH
06116/2005 WConversion
SUPPLEMENTAL MOT TO QUASH TESTIMONY
06116/2005 Conversion
OF DIANNA HURTADO
06116/2005 Conversion
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.,. 06116/2005 Conversion
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06116/2005 QJ Conversion
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06116/2005 lil Conversion
VERIFICATIONIL GUNNSTAKS
06116/2005 ~ Conversion
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06/16/2005 Conversion
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" 06116/2005
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06116/2005 Conversion
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06116/2005 Conversion
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06/16/2005 Conversion
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.,. 06/2812005 WConversion
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06/28/2005 Conversion
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'r
07/06/2005 Q.J Conversion
MOTION TO SIGN TEMPORARY ORDERS
PAGE 16 OF 66 Prinledoll 0811 212M 0 01 1:44 PM
.,.
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
07107/2005 tiJ Conversion
~ CERT OF OFF-LUKE GUNNSTAKES
WConversion
.,. 07/08/2005
SIR SUBP MARY GLASHEEN 06129105
07/0812005 9J Conversion
..,. SIR SUBP LYNN MAGID 06129105
07/08/2005 9J Conversion
SIR SUBP DIANNA HURTADO 06129105
.,. 07/0812005 ~ Conversion
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07/08/2005 Conversion
OF MARY GLASHEEN AIKIA BErry G
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07/08/2005
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07/08/2005 Conversion
OF LYNN MAGID
07/08/2005 9.J Conversion
1ST NOT OF INTENTION TO TAKE DEPO
07/08/2005 Conversion
0,.. mANNA IIURTADO
07115/2005 9.J Conversion
MOT FOR ENTR Y OF ORO TO DISMISS
07/15/2005 Conversion
ABATE OR CONTINUE PET TO MOD PCR
07115/2005 Conversion
.,. & MOT TO TRANS
07115/2005 9J Conversion
MOT FOR ORD TO PET TO EXEC A UTH
,. 0711512005 Conversion
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07115/2005 WConversion
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07115/2005 WConversion
ORO QUASH TESTOF DIANA HURTADO-SIGNED
,. 9J Conversion
0711512005
ORO DENY MTN FOR CONT-SIGNED
..
I
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JUDGE'S
DOCKET SHEET
..
CASE No. 3805460603
9J Conversion
~.
07115/2005
ORO DENY MTN FOR CONT-SIGNED
07/15/2005 9J Conversion
ORO ON RESP'S MTN ABATE-SIGNED
0711512005 WLetter
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0711812005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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07118/2005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO SIGN TEMP ORDERS
• 0711812005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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0711812005 Conversion
ORO ON MOT TO TRANSFER SGND
.,. 07118/2005 KJ Conversion
ORD ON MOT TO DISMISS ABATE OR CONT PET
07118/2005 9J Conversion
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0711812005 <iJ Conversion
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0711912005 ~ Conversion
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, 0711912005 Conversion
~ FILED WITfI COA/DALLAS
.,. 07119/2005 QJ Conversion
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07119/2005 ~ Writ of Mandamus
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0711912005 9J Letter
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,.. 07/20/2005 9J Conversion
SIR SUBP 01' DIANNA HURTADO 7//4/(}5
,. 08/30/2005 9.:.1 Conversion
MOT TO SIGN TEMP ORDERS IN SUIT TO
,. 08/3012005 ~ Conversion
MODIFY PAR-CHD RELATIONSHIP
,..
I
PAGE 180F66 Printed Oil n81 121201 n 01 1044 PM
Primed Oil 081f 212010 (l/ 1:44 PM
JUDGE'S
DOCKET SHEET
• CASE No. 3805460603
I 1/08/2005 Conversion
I CERT COpy DOCKET S/lEET
I 1/09/2005 Conversion
...
DOCKET SHEET
1111112005 9J Conversion
... 11111/2005
APPLICATION FOR EXPARTE TRO & ORD
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.,.
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11/1 112005 Conversion
REQUEST FOR TRO-NO SERVICE
.,. I 1/1 1/2005 Conversion
ISS TRO RETND TO FRONT COUNTER
.,.
I
11111/2005 Conversion
REQUEST FOR NOTICE/NO SER VICE
11111/2005 Conversion
ISS NOT RETND TO FRONT COUNTER
I 1/1 1/2005 Conversion
.,. 11/1112005
COPIES 5 PAGES
9J Conversion
SPECIAL APPEARANCE REQ FOR JURY
I 1111/2005 Conversion
TRIAL SUBJECT TO OBJECTIONS. RE-
11111/2005 Conversion
SERVATJONS. EXCEPTIONS. AND
.,. I III 112005 Conversion
CHALLENGES HEREIN
11111/2005 §J Conversion
TRO-SIGNED
.,. 11114/2005 Conversion
TRORMVD
.,.
1111612005 Conversion Entry (1 :30 PM) (Judicial Officer: Sandoval, Charles F.)
TRO/ALL OTHER MArTERS
11/16/2005 9J Conversion
SIR C1T&NOTDAVID FCARY 11-14-055115.00
I 1116/2005 Conversion
MOT T/DISMISS FOR LACK OF SUBJECT-
I 1116/2005 Conversion
,.
MArTER JUDRISDICTION
I 111 8/2005 9.J Letter
PAGE 200F 66 Prln/ed 011 0811 Z/ZOI 0 a/ I :44 PM
JUDGE'S
.,. DOCKET SHEET
CASE No. 3805460603
-
/0 Luke Gunstaks/rom Rick Rober/SOli wlcopy a/Order/or review
11/21/2005 9J Conversion
RESP'S OBJ TO PET'S NOY 16.2005
I 1/2112005 Conversion
PROP "ORDER" SUB TO TIlE COURT
.,. I 1121/2005 KJ Conversion
ORD DENY MTN DISMISS & RMV TRO DATE-SGND
1112112005 9J Conversion
ORDER-SIGNED
.,. 1112112005 BJ Letter
from Luke GUlIllstaks to Rick Robertson wi attached Order/or consideration
11121/2005 §J Letter
.,.
to .Iudgefrom Christy Bradshaw, Child CtiS/ody Evaluator
12/0112005 KJ Letter
from Barry Coakley (Psychologist) 10 Luke Gunnstaks
12/0212005 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
TBC RMVD
12/0212005 ~ Conversion
MTN FOR CONTINUANCE
.,. 12/0212005 iii Conversion
ORD FOR CO NT-SIGNED
12/0512005 Conversion
2 PAGES
1213012005 Conversion
CERT COpy OF TEMP ORDERS - 9 PGS
02116/2006 WConversion
ENTRY OF APPEARANCE
0212012006 Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
COil version
.,.
JURY TRIAL RMVD
02120/2006 9J Conversion
MOT FOR CONT & REQ FOR SCH ORDER
,.
02/20/2006 9J Conversion
MOT FOR SANC PURSUANT TO RULE 13 OF
02/20/2006 Con version
THE TEX RULE OF CIVIL PROCEDURE &
02/20/2006 Conversion
CHAP I() OF CIVIL PRACTICE AND
PAGE 21 OF 66 Prill ted all 0811 J120tn at 1:44 PM
JUDGE'S
..,. DOCKET SHEET
CASE NO. 3805460603
..,. 02120/2006 Conversion
REMEDIES CODE
.,.
, 02121/2006
r--'
W Conversion
ORO DIVIDE STOCK OPTlONS(NEON) SGND
.,. 02121/2006 ~ Conversion
ORD DIVIDE STOCK OPTIONS(FACTORY) SGND
03/06/2006 [] Conversion
SOCIAL STUDY
..,.
,
0311412006 KJ Conversion
IST NOT OF INTENT TO TA KE ORA L DEPO
.,. 03/14/2006 Conversion
OF SUZANNE DAVID
.,. 03/1412006 ~ Conversion
1ST NOT OF INTENT TO TAKE ORAL DEPO
.,
I
03114/2006 Conversion
OF JEANETTE MARIANI
..
r-·
03114/2006 9J Conversion
1ST NOT OF INTENT TO 7'AKEORAL DEPO
•J
03/14/2006 Conversion
OF DR MARCY CRAIG
0311412006 9J Conversion
.,.
1ST NOT OF INTENT TO TAKE ORAL DEPO
03114/2006 Conversion
OF LYNN MAGID
.,.. 03114/2006 9J Conversion
r~
1ST NOT OF INTENT TO TAKE ORAL DEPO
... I
03/14/2006 Conversion
OF DESIREE DANIELSON
.,. 0311612006
r··
W Conversion
,.
MOTION FOR PROTECTIVE ORDER
r
03116/2006 QJ Conversion
MOT TO QUASH & FOR PROTECTIVE ORO
I 03124/2006 {i] Letter
'r
,.
from Barry Coakley (Psychologisl) 10 Rick Roberlson
03127/2006 9J Conversion
SIR SUBP DESIREE DANIELSON 03115106
PAGE 2? OF 66 p,.i/lled all 08/1 212nJn 01 1:44 Pt.!
.JUDGE'S
DOCKET SHEET
CASE No. 3805460603
.,. 03127/2006 9J Conversion
SIR SUBP JEANETTE MARIANI 03113106
.,.. 03/27/2006
r·
9J Conversion
SIR SUBP LYNN MA GID 031131()6
.,. 0312712006 ~ Conversion
SIR SUBP SUZANNE DAVID 03113106
03127/2006 ~ Conversion
SIR SUBP DR MARCY CRAIG 031/3106
.,. 0312812006 ".
9J Conversion
NOT INT TITAKE DEPOIDR LAURE AMES
.,. 03128/2006
r··
9J Conversion
NOT INT TITAKE DEPOIDR LAURE AMES
03/2812006 9J Conversion
NOT INT TITAKE DEPOIS WEATHERFORD
.,. 03128/2006 9J Conversion
NOT INT TITAKE DEPOIS WEATHERFORD
03/28/2006 WConversion
NOT INT TITAKE DEPOIDIANN SLATON
.,. 0312812006 §.J Conversion
NOT INT TITAKE DEPOIDIANN SLATON
.,. 03128/2006 9J Conversion
NOT INT TITAKE DEPOIDAN QUILL
,..
r-·
0312812006 9J Conversion
NOT INT TITAKE DEPOIDAN QUILL
.,.
I 03128/2006 Kl Conversion
NOT INT TfrAKE DEPOIC GONSALVES
,. 03128/2006 §J Conversion
NOT INT TITAKE DEPOI) PICKERING
03128/2006 §J Conversion
NOT INT TITAKE DEPOI) PICKERING
, 03128/2006 iiJ .Conversion
2ND NOT INT TK DEPOIMARY GLASHEEN
.,.
03128/2006 ~ Conversion
AIKIA BETTER GLASHEEN
-
I
PAGE 23 OF 66 Prillled 011 (}81121](JI() (II /'44 PM
JUOGE'S
.,.. DOCKET SHEET
CASE No. 3805460603
.,.. 03128/2006 Conversion
3RD NOT INT TK DEPO/MARY GLASHEEN
03128/2006 Conversion
A/KIA BEn'Y GLASHEEN
03128/2006 9J Conversion
NOT INT TO TAKE DEPOIDAVID QUILL
03128/2006 WConversion
• NOT INT TO TAKE DEPOIlJAVID QUILL
03128/2006 QJ Conversion
NOT INT TO TAKE DEPOIKRISTY MARTIN
.,. 03128/2006 ~ Conversion
NOT INT TO TAKE DEPOIKRISTY MARTIN
03128/2006 WConversion
NOT INT TO TAKE DEPOIBONITA SMITH
0312812006 {iJ Conversion
NOT INT TO TAKE DEPOIBONITA SMITH
03129/2006 WConversion
"
2ND NOT OF INTENT TO TAKE DEPO OF
,.
03129/2006 Conversion
SUZANNE DAVID
03129/2006 WConversion
.,. RULE II AGREEMENT
04/04/2006 WConversion
,.
I
\
04/05/2006
SECOND AMENDED PET TO MODIFY
BJ Conversion
RULE II AGREEMENT
0410612006 WConversion
,..
NOT OF INTENTION TO TAKE ORAL DEPO
04/0612006 Conversion
OF DR LAURIE AMES
,--
04/06/2006 9J Conversion
NOT OF INTENTION TO TAKE ORAL DEPO
r 04/0612006 Conversion
OF DR LAURIE AMES
,.. 04110/2006 9J Conversion
MOT TO QUASH AND FOR PROT ORDER
PAGE 240F 66 Pri"/,,d 011 nSI' H2()' () 01 ':44 PM
JUDGE'S
.,. DOCKET SHEET
CASE No. 3805460603
04110/2006 £iJ Conversion
NOTICE OF FILING
04110/2006 [J Conversion
AGO SCH ORO AS TO 5/8/6 TRIAL SGND
04111/2006 WConversion
MTN TO COMPEL ATTENDANCE AT DEPO
0411112006 Conversion
& MTN FOR SANCTIONS
04111/2006 W Conversion
NOT OF INTENT TAKE DEPO OF MARY
.,. 0411112006 Conversion
GLASHEEN A/K/A BETTY GLASHEEN
04111/2006 iii Conversion
"T' S/R-SUB/MARY GLASHEEN
0411112006 "
QJ Conversion
." SIR-SUB/MARY GLASHEEN
9J Conversion
...--0
04112/2006
.,.. MOT TO COMPEL A TTEDANCE AT DEPO AND
04/12/2006 Conversion
MOT FOR SANCTIONS-ROBERT BAXTER
"'J"
0411212006 WConversion
TO COMPEL A1TENDANCE AT DEPO &
.,..
MOT
04112/2006 Conversion
MOT FOR SANCTIONS-ROB KELTON
0411212006 9J Conversion
MOT TO COMPEL ATTENDANCE AT DEPO &
I
II]- 04112/2006 Conversion
,.
MOT FOR SANCTIONS-HARRIETE CLARK
0411212006 ~ Conversion
SUBP REQ APPEAR ATCOURT HEARING
04112/2006 Conversion
f1ARRIETTE CLARK
,. 04/12/2006 9.J Conversion
ROBERT BAXTER
,.. 0411212006 W Conversion
,.
ROB KELTON
PAGE 25 OF 66 Printed 011 081121l0Jn a/ 1:44 PM
JUDGE'S
.,. DOCKET SHEET
CASE No. 3805460603
.,. 04/1 2/2006 9J Conversion
NOT OF INTENTION TO TAKE ORAL DEPO
..,.. 04/1 2/2006
r--
9J Conversion
OF ROB KELTON
04/12/2006 9J Conversion
NOT OF INTENTION TO TAKE ORAL DEPO
04/1212006 QJ Conversion
OF HARRIElTE CLARK
.,. 04/1212006 "
9J Conversion
NOT OF INTENTION TO TAKE ORAL DEPO
04112/2006 WConversion
OF ROBERT BAXTER
04/1 2/2006 Conversion
'T SUBP REQ APPEARANCE AT COURT HEARIN
.,. 04/1 2/2006 {i] Conversion
ROB KELTON
.,. 04/12/2006 WConversion
ROBERT BAXTER
- J
04112/2006 9.:.1 Conversion
HARIElTE CLARK
.,.
0411212006 Conversion
NOT OF INTENT TO TAKE DEPO OF
04112/2006 Conversion
.,. 04/12/2006
HARRIElTE CLARK
Conversion
.,.
NOT OF INTENT TO TAKE DEPO OF
04112/2006 Conversion
HARRIETEE CLARK
04/12/2006 Conversion
,.
NOT OF INTENT TO TAKE DEPO
0411212006 Conversion
ROB KELTON
,..
04/12/2006 Conversion
NOT OF INTENT OT TAKE DEPO-R BAXTER
04/13/2006 ~ Conversion
MOT TO COMPEL DISCOVERY AND FOR
~
PAGE 26 OF 66 Printed all 0811 112010 01 1:44 PM
T
.,.
JUOGE'S
DOCKET SHEET
CASE No. 3805460603
.,. 04113/2006 Conversion
SANCTIONS
0411712006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO COMPEL DEPOS/SANCTIONS
-r
04117/2006 WConversion
SUP MOT TO COM ATTENDANCE AT DEPO
-r 04117/2006 Conversion
.,.
& AT HEARING & SUP MOT FOR SANCS
04117/2006 WConversion
.,
SUP MOT TO COM ATTEND AT DEPO & AT
0411712006 Conversion
HEARING & SUP MOT FOR SANCS
.,. 04117/2006 9J Conversion
SUP MOT TO COM A TTEND AT DEPO & AT
-r 0411712006 Conversion
.,
HEAR & SUP MOT FOR SANCS
04117/2006 BJ Conversion
SUP MOTTO COM ATTENDATDEPO & AT
0411712006 Conversion
HEAR & SUP MOT FOR SANCS
04117/2006 9J Conversion
MTN FOR PROT ORDER
~
04/17/2006 WConversion
BETTY GLASHEEN'S SUPPLEMENTAL MOT
Prill/ed 011 08/1 212010 (1/ 1:44 PM
JUDGE'S
..,.. DOCKET SHEET
CASE No. 3805460603
.,.
NOTOF INTENTION TO TAKE DEPO OF DR
04118/2006 Conversion
SUSAN ISTRE
.... 04/21/2006 iii Conversion
MTN TO QUASH NOT OF DEPO OF BETTY
.,. 0412 1/2006 ru Conversion
t o .-.
GLASHEEN & MTN FOR PO
04125/2006 9J Conversion
3RD NOT OF INTENTION TO TAKE ORAL
04/2512006 Conversion
DEPO OF DR SUSAN ISTRE
.,. 04125/2006 !i1 Conversion
4TH NOT OF INTENTION TO TAKE ORAL
04/25/2006 Conversion
DEPO OF DR SUSAN ISTRE
04126/2006 WConversion
..,.
I
MOTFORCONT
04/26/2006 9J Conversion
ADDITIONAL INFORMATION
0412812006 iii Conversion
3RD AMENDED PET TO MOD PIC REL
,. 9J Conversion
04128/2006
4TH AMEND PET TO MOD PCR
04128/2006 {iJ Conversion
MOTION TO RECUSE JUDGE
05/01/2006 Conversion
CIC OF MTN TO RECUSE JUDGEI7 SETS
-
05103/2006 Conversion
COPIES 26 PAGES
I 0510312006 §J Conversion
SIR SUBP, ROB KELTON. 4128106
05/03/2006 iii Conversion
SIR SUBP, BONITA SMITH. 4128106
0510312006 {iJ Conversion
SIR SUBP, MARILYN AARON, 4128106
05103/2006 9J Conversion
PAGE 28 OF 66 Printed on n81J2I1()In al 1:44 PM
.,.
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
SIR SUBP, DIANA HURTADO, 41281(}6
05103/2006 !iJ Conversion
.., 0510312006
SIR SUBP, STEPHANIE WEATHERFORD,
Conversion
4128106
9J Conversion
r-
05103/2006
SIR SUBP, JOYCE PICKERING, 5121(}6
05/03/2006 ~ Conversion
SIR SUBP, DIANA FUNK, 5121(}6
05/03/2006 9J Conversion
.,
SIR SUBP, SANDRA BUITINE, 5/2106
05103/2006 9J Conversion
.,
SIR SUBP, HARRIEn'CLARK, 512106
I
05103/2006 9J Conversion
SIR SUBP, BEn'Y GLASHEEN, 512106
05/03/2006 9J COil version
MOTISANCTIONS TO EXCLUDE EVIDENCE
05103/2006 Conversion
AND MOTICON7'
05104/2006 il Conversion
MOTION FOR CONTINUANCE
.,
I 05104/2006 ~ Conversion
MOTIREQ CRT RCNSOR MOTID/SMSS
0510412006 9J Conversion
RSEP'S MOTIDISMISS PETS MOTISANCTNS
05104/2006 {i] Conversion
NOTICE OF FILING
05/0412006 gj Conversion
SIR SUBP, JUDGE C SANDOVAL, 514106
0510412006 9J Conversion
SIR SUB?, JUDGE C SANDOVAL, 514106
05/04/2006 9J Conversion
SIR SUBP, JUDGE C SANDOVAL. 5141(}6
05/04/2006 9J COil version
,
EMERG MOT TO QUASH & FOR PROTECTIVE
PAGE 29 OF 66 Prill/I'd Oil n81121!nln Of 1:44 PM
-
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
- 05104/2006 Conversion
ORD, & OBJ TO SUBP AS DT
- 05104/2006 WConversion
SIR SUBP DU TEC-NANCY MCANN 5/4/06
- 05/0412006 fi] Conversion
SIR SUBP DU TEC DR J HOLT 0510/106
... 0510412006 {i] Conversion
SIR SUB? DU TEC-JACK SAVAGE 4128106
... 05/0412006 {iJ Conversion
SIR SUBP DU TEC-BARRY COAKLEY 42806
0510412006 9J Conversion
SIR SUBP DU TEC-DR LAMES 05104106
.,. 05104/2006 QJ Conversion
JUDGE MAR/LEA LEWIS'OBJECTTOSUB
05104/2006 WConversion
~ & MTN FOR PROT ORDER
05104/2006 9J Conversion
SUP EMERGENCY MOT TO QUASH & FOR
05/0412006 Conversion
• PO, & OBJECTIONS TO SUB DUCES TEC
.,. 05104/2006 9J Letter
from Barry Coakley (Psychologist) to Lllke Gllnflstaks
05105/2006 9J Conversion
CERT DEPOIJEANETTE MARIANI U77.80
.,. {i] Conversion
05105/2006
! CERT DEPOIDR. MARCY L. CRAIG $242.60
05/05/2006 !iJ Conversion
SIR SUBP, CAROL BROCK, 513/06
0510512006 ~ Conversion
JENNIFER LYNN CARY'S WITNESS LIST
,-
,.
05105/2006 9J Conversion
RESP'S SUPPL MOT TO RECUSE JUDGE
05108/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
JUR Y TRIAL (RESET)
05/08/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
PAGE 30 OF 66 Printed 011 081121201() nI 1:44 PM
JUDGE'S
..,. DOCKET SHEET
CASE NO. 3805460603
.,.
MTN TO QUASH (T&Kj(SUPPLEMENTAL MTN)
05108/2006 Conversion Entry (8:30 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO RECUSE
05/08/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN FOR PO (JUDGE LEWIS)
- 05/08/2006 {i] Conversion
P'OBJ TO AND MTN TO EXCLUDE UNDISC
• 0510812006 Conversion
WITNESSES
..,. 0510812006 {ij Conversion
...
ORO GRANT MTN FOR CONT·SIGNED
0510812006 §J Conversion
ORD DENYING MOT TO RECUSE JUDGE SGND
0511612006 WConversion
CERT DEPOILYNN H MAGID $317.40
.,.
r·
I
05/16/2006 9J Conversion
CERT DEPOILYNN H MAGID $1423.00
05116/2006 9J Conversion
CERT DEPOIDESIREE DANIELSON $266.80
.,. 05116/2006 9J Conversion
CERT DEPOIDESIREE DANIELSON $252.20
05116/2006 W Conversion
CERT DEPOIJOYCE PICKERING $388.60
05116/2006 9J Conversion
CERT DEPOIROBERT K BAXTER $172.80
,. 0511612006 WConversion
CERT DEPOIJOYCE PICKERING $242.80
05/16/2006 §J Conversion
". CERT DEPOISTEPANIE WEATIfERFORD $979.10
0511612006 WConversion
~ DEPO·STACY STINE $54(}.OO
05117/2006 Conversion
ClC OF MTN TORECUSEI2SETS
05117/2006 QJ Conversion
MOT FOR SUB OF COUNSEL
r
-
, PAGE 31 OF 66 Prilller/Oll 0811212010([11:44 PM
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
9J Conversion
r-~'
0511 712006
ORD FOR SUB OF COUNSEL-SIGNED
r:
05130/2006 9J Conversion
INFOIAITACH TO SOCIAL STUDY REPORT
.. 0610212006 !iJ Conversion
MOT FOR ADD'L TEMP ORD
06/02/2006 KJ Conversion
SIR SU JOYCE PICKERING 050106
06/0212006 9J Conversion
.,.. SIR SU STEPHANIE WEATHERFORD 050106
06/02/2006 9J Conversion
SIR SU MARY GLASHEEN 050106
!i1 Conversion
,..
06/02/2006
SIR SU ROBERT BAXTER 050106
9J Conversion
,..
06/0212006
SIR SU DAN QUILL 050/06
06/0212006 BJ Conversion
- 06/02/2006
SIR SU HARRIEITE CLARK 050106
9J Conversion
,.. SIR UNEX COA KLEY REFUSED SVC 050/06
9J Conversion
r"-'
06/02/2006
SIR SU CHRISTY BRADSHAW 050106
06/02/2006 9J Conversion
SIR SU JUDGE LEWIS 050106
\-
06/02/2006 9J Conversion
I
SIR SU KRISTY MARTIN 050206
~
I
06/0212006 i] Conversion
-
SIR SU DAVID WASSERMAN 050506
....
9J Conversion
(
06/02/2006
SIR SU LYNN MAGID 050306
r 06/02/2006 9J Conversion
SlR.SU LYNN MAGIN 050306
~
§J Conversion
I
06/06/2006
4TH NOT OF INTENT TO TAKE DEPO OF
r-
PAGE 32 OF 66 Prinled Olt 0811 1120 10 al 1:44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
-, 07/03/2006 {ij Conversion
AMENDED CERT DEPOIKRISTIN MARTIN
"-
I
07/07/2006 tiJ Conversion
RULE J I AGREEMENT
.,. 07/0712006 WConversion
ORIG COUNTER-PET TO MOD PCR
07/07/2006 §J Conversion
AGD SCHEDULING ORDER SGND
.,. 0711 012006 WConversion
R'S 1ST AMENDED MOTIDISMISS P'S MOT
,. 0711 0/2006 Conversion
FISNCTNS FOR LACK OF SUBlCT-MATTER
0711 0/2006 Conversion
lURJD. & SUBJ THERETO. R'S ORIGINL
,.
0711 012006 Conversion
ANSWER. SPEC DENIALS, & AFFIRM DEF
0711 0/2006 Conversion
TIP'S MOT FlSNCTNS. ETc...
07111/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
JUR Y TRIAL RMVD
T 0711112006 WConversion
RULE II AGREEMENT
0711112006 {i] Conversion
RULE II LETTER AGREEMENT
j" 0711112006 WConversion
-
PARTIAL MEDIATED SETTLEMENT AGRMENT
1
07/1 112006 9J Conversion
MOTION FOR CONTINUANCE
07112/2006 9J Conversion
SR SUBP SANDRA BUTTIN£ 711016
j
07112/2006 QJ Conversion
SR SUBP BETSY STERNS 71716
0711212006 9J Conversion
:r
-
SR SUBP LAURIE AMES 71716
0711212006 ~ Conversion
)
~ PAGE 34 OF 66 Prillled on 0811212010 (II /'44 PM
.,.
JUDGE'S
I
DOCKET SHEET
CASE No. 3805460603
SR SUBP ROB KELTON 7/7/6
07112/2006 §J Conversion
SR SUBP JOYCE PICKERING 7/7/6
0711212006 {i] Conversion
SR SUBP NANCY MCCANN 7/7/6
'.,. ,-
07/1212006 ~ Conversion
SR SUBP CAROL BROCK 7/716
iii Conversion
-
0711212006
SR SUBP BONITA SMITH 7/7/6
9J Conversion
I
0711212006
.,. I
SR SUBP MARILYN AARON 7/716
07112/2006 9J Conversion
SR SUBP OAK HILL ACADEMY 7/7/6
0711212006 QJ Conversion
SR SUBP JACK SAVAGE 7/716
0711212006 9J Conversion
SR SUBP DIANE FUNK 7/1(}/6
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0711212006 ~ Conversion
SR SUBP STEPHANIE WEATHERFORD 7/7/6
0711212006 9J Conversion
SR SUBP BETTY GLASHEEN 7/7/6
0711212006 9.J Conversion
,.
SR SUBP DIANA HURTADO 7/616
0711812006 9J Conversion
SR SUBP DR PEGGY MCMILLAN 7/716
0711812006 9J Conversion
,.
SR SUBP JEANETTE MARIANA 711216
07118/2006 9J Conversion
SR SUBP DEBORAH LAZA 711117
07120/2006 Conversion
j
VACATION LETTER
gj Conversion
• I
08117/2006
DEPO-JENNIFER LYNN CARY S3n8.8n
08/2212006 9J Conversion
j
,
SOCIAL STUDY ADDENDUM-CARYCHILDR£N
Prill ted 011 flBII 112f11f1 at 1-44 PM
PAGE35 OF 66
..
I
I
JUDGE'S
DOCKET SHEET
-
CASE No. 3805460603
I
0812212006 9J Conversion
,.
VACATION LETTER-CARY CHILDREN
0812412006 §J Conversion
5T11 NOT OF INTENTION TO TAKE DEPOS
0812412006 Conversion
.
OF JENNIFER LYNN CARY
08/2412006 "
BJ Conversion
,.
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08124/2006 Conversion
DU TEC OF JENNIFER L CARY
08124/2006 WConversion
,.
~ NOTICE OF INTENTION TO TAKE DEPO
08124/2006 Conversion
OF JACK SAVAGE
08/31/2006 ~ Conversion
:.. NOT OF INTENT TO TAKE DEPOSITION OF
,.
1
0813112006 Conversion
I
.JACK SAVAGE
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09/0512006 {i] Conversion
NOTIINTENTIDEPO CHRISTY SCHMIDT
09121/2006 QJ Conversion
...
MOT TO WID OF COUNSEL
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0912512006 BJ Conversion
RESP'S 2ND SUPPL WITNESS LIST
r 0912512006 §J Conversion
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RESP'S SUPPL WITNESS LIST
J 09125/2006 {iJ Conversion
STATE OF TX SUBP DT REQ ARRP AT
',- 09125/2006 Conversion
COURT HEARING
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09125/2006 §J Conversion
RESP'S 2ND SUPPL LIST OF ANTICIPAT-
09125/2006 Conversion
j ED WITNESSES AND ANTICIPATED EXH
09125/2006 9J Conversion
RESP SUPPL LIST OF ANTICIPATED
Prin/ed on ()811211()ln (II 1044 PM
PAGE 36 OF 66
- JUDGE'S
DOCKET SHEET
CASE No. 3805460603
... 09/25/2006 Conversion
WITNESSES AND ANTICIPATED EXH
- 0912712006 9J Conversion
,--:~
NOT OF DISMISSAL OF MOT TO WID
- 09128/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO WIDRAW RMVD
10/02/2006 iii Conversion
MOT FOR PRE-TRIAL CONF
1010412006 {i] Conversion
'.,. MOTION TIEXCLUDE OR LIMIT TESTIMONY
10113/2006 i;i) Conversion
JENNIFER CARY'S WITNESS LIST
1011 3/2006 §J Conversion
.,.. MTN TO EXCLUDE OR LIMIT TESTIMONY
10/1312006 Conversion
AND EVIDENCE
10/13/2006 ~ Conversion
--,
MTN TO COMPEL & MTN FOR SANCTIONS
1011)/2006 9J Conversion
..,. SUPPLEMENTAL C-PET TO MOD SAPCR
-
10118/2006 9J Conversion
SIR-SUB DTIJACK SAVAGEIJ()-12-06
10/1812006 §J Conversion
.,. SIR-SUBDTIJEANETTE MARIANIIIO-12-()6
Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
10119/2006
.,.
INFORMAL PRETRIAL HEARING
10119/2006 <i1 Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
MOT RECONSIDER/MOT DISM (AMENDED)
I
~ 1011912006 Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
MOT COMPEUMOT EXCL
1011 912006 QJ Conversion
EMERGENCY MOT TO QUASH & FOR PROT
,. 10/19/2006 Conversion
ORDER & OBJECT TO SU DUCES TECUM
10/19/2006 W Conversion
PET'S RESP TP MOT TO DISMISS FOR
,. PAGE.17 OF 66 Printed all 0811212010 III 1:44 PM
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JUDGE'S
DOCKET SHEET
CASE No. 3805460603
10119/2006 Conversion
LACK OF SUBJECT MArTER JUR/SDIC
.,. 10119/2006 9J Conversion
SIR FAXED SU DT DR COAKLEY 10/706
.,. 10/19/2006 9J Conversion
R'S RESPONSE TO P'S MOT TO COMPEL
10/19/2006 Conversion
~ DISCOVERY & FOR SANCTIONS
.,. 9J Conversion
'-'
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NOTOF FILING A7TY BILLING STATEMNT
9J Conversion
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, 10/1912006
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1011912006 Conversion
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1011 9/2006 ~ Letter
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SIR-SUB DTISANDRA BU7TINEI/o-17-06
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SIR-SUB DTIBETSY STERNSII0-17·06
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1012012006
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SIR-SUB DTISTEPHANIE WEATHERFORDI
1012012006 Conversion
10-16-06
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1012012006 9J Conversion
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,. 10120/2006 9J Subpoena Return - Not DC Issued
Bonita Smith /0-16·06
10120/2006 Q Subpoena Return - Not DC Issued
Dr. Laurie Ames 10·16·06
10123/2006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
JURY TRIAL OR TBe
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~
10f30n006 9J Conversion
SIR SUBP. JENNIFER FRIESEN. 1(J/18/6
11/03/2006 9J Conversion
REQ/FiNDINGS FACT & CC LAW #1
11/03/2006 ~ Conversion
'j REQ FF&CCL ON PERIODS-POSSESSION
11106/2006 Conversion
REQ FOR FOF & COL-SGND
11/06/2006 Conversion
REQ FOF & COL ON PERIODS OF POSSES-SGND
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,
.,.
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
- 11/08/2006
11/14/2006
"
9J Conversion
AMENDED DEPO-BONITA SMITH
Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
DIC FOR ORDERS
1111512006 ~ Correspondence
.,. Courr Hearing
liJ Conversion
.,.
11117/2006
NOT OF ADDRESS CHANGE/JENNIFER
1112712006 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
DIC FOR ORDERS OR DISMISS
1112712006 iii Conversion
.,. 12/01/2006
MTN FOR ENTRY OF FINAL ORD OF MOD
Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
.,.
MTN FOR ENTRY
12/0112006 9J Conversion
OBJECTION TO COURT ENTERING ORDER
.,.
.,
12/0112006 Conversion
CONTRARY TO MEDIATED SETTLEMENT
I 2/0112006 Conversion
AGREEMENT OF JULY II, 2006
12/0112006 iii Conversion
.,
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12/0112006 Conversion
CONTRARY TO STMNT AGRMT OF 7-11-06/SG
.,. iJ Conversion
1210112006
FINAL ORDER OF MODIFICATION-SGND
,. 12/0412006 {ij Address Change
Party: Petitioner Cary, David F
,.
I
12/0812006 Conversion
DCKETSHEET
,. {i] Correspondence
12113/2006
Empl Change-Dave Cary
I
01108/2007 iii Conversion
I ORAL & VIDEO DEPO-JACK SAVAGE.IR $1222.60
~
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01123/2007
ORIG PET TO MOD CHD SUPP IN SAPCR
0112)/2007 Conversion
PAGE 40 OF 66 Primed 0" 081121201001 1:44 PM
JUDGE'S
- DOCKET SHEET
-
I
CASE NO. 3805460603
AND MOT TO TRANSFER
01/23/2007 Conversion
-
REQUEST FOR CITATION-NO SERVICE
01/23/2007 Conversion
..
ISS CIT RET TO BUCKET
0112312007 WConversion
MMOT: MOTION TO MODIFY
01125/2007 WConversion
TRCP RULE 106 MOT FOR ALT SVC
0112512007 §j Conversion
AFFD-DONNA MOWERS
;..
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01125/2007 QJ Conversion
ORO FOR ALTERNATIVE SERVICE-SGND·
01/25/2007 Conversion
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PET'S MOT FOR APP OF RECEIVER
0113112007 gj Conversion
ARTICLES OF ORGANIZATION OF
01/3112007 Conversion
ARGONAUT PROPERTY MANAGEMENTLLC
..
01/31/2007 Conversion
28 PAGES
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01131/2007 Conversion
3 CERT
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ORO APPOINTING RECEIVER SGND
02/01/2007 9J Conversion
OATH OF RECEIVER
02/0212007 9J Conversion
SIR CIT/JENNIFER CAREYI/-26-07 $65.00
j 02/05/2007 WLetter
pom Israel Susler
... ..I
02/1412007 WConversion
R'S JENNIER CARY ORIG ANS TO ORIG
.,. 02/1412007 Conversion
PET TO MOD CIS IN SAPCR
PAGE410F66 Primed all 0811 112f11f1 (1/ 1:44 PM
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JUDGE'S
, DOCKET SHEET
CASE No. 3805460603
02/14/2007 Conversion
-
AFFI CONTROVERTING MOT TO TRANSFER
0211612007 9J Notice
a/Setting by the Court
- 02/16/2007 QJ Notice
a/Hearing
.,. 0211612007 !iJ Correspondence
from Koons Fuller
.,. OJ/05/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
MTN TO TRANSFER
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03/0512007 9J Conversion
}
BRIEF IN SUPPORT OF MOT TO TRANSFER
03/05/2007 ~ Conversion
BRIEF IN SUPPORT OF RESP'S REQ TO
,. 03/05/2007 Conversion
DISMISS PET'S MOD & MOT TO TRANS
03/05/2007 {iJ Conversion
.,. ORD ON MOT FOR TRANSFER-DENIED SGND
03/05/2007 {i] Letter
Party: Receiver Bernstein, Michael S
0310512007 WLetter
Party: Receiver Bernstein, Michael S
03/08/2007 - QJ Conversion
COPY-PETITION FOR WRIT OF MANDAMUS
03/09/2007 til Conversion
NOT OF APPT OF DEP REPORT-LINDLEY
,.
03/14/2007 Conversion
32 PAGES
0312012007 9J Conversion
ORDER & OPINION/COA-DENY WRIT/MANDM
j 03/21/2007 Conversion
COPY OF MOTITEMP RELIEF PENDING A
,
0312112007 Conversion
II.- RULING ON PET OF WRIT/MANDAMUS
03/2112007 Conversion
FILED WITH THE COAIDALLAS
PAGE 42 OF 66 Prill ted 011 0811212010 (11 /'44 PM
JUDGE'S
.,. DOCKET SHEET
CASE No. 3805460603
- 03121/2007 §J Conversion
COPY OF PET FOR WRIT/MANDAMUS FILED
- 03121/2007 Conversion
WITH THE COA/DALLAS
... 04116/2007 9J Conversion
RESP'S MTN FOR SANCTIONS
- 04117/2007 9J Correspondence
Official Notice From COA
04123/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
TBC
04/23/2007 9J Conversion
PET'S ORIG AN SP DENIALS & AFFIRM--
.,.
04123/2007 Conversion
--DEFENSES TO RESP'S MOT FOR SANCT-
04/23/2007 Conversion
--DAVID CARY
9J Conversion
r'
05107/2007
RECEIVER'S APPL TO CONFIRM SALE OF
05107/2007 Conversion
DAVID CARY'S INTEREST IN A LIMITED
05107/2007 Conversion
PARTNERSHIP
0511 1/2007 Con version
..
.. DC ORDER ALL MOTIONS
0512112007 a:I Conversion
J PET'S MOT F/RECONSIDERATION ON RSPS
., 05/21/2007 Conversion
MOTION FOR SANCTIONS
0512112007 WNotice
Hearing and CeriJicate a/Conference
05/23/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
DISMISSAL NO ORDER WI' 3() DAYS RMVD
..,.
05/23/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
PET'S MTN FOR RECONSIDERATION RMVD
.,. 05/23/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
RECEIVER'S APP TO CONFIRM SALE RMVD
06/06/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
DISMISSAL RESET
PAGE 43 OF 66 Prilliedon 0811212010011:44 PM
JUDGE'S
~
DOCKET SHEET
CASE NO. 3805460603
- 06/06/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
PETITIONER'S MTN FOR RECONSIDERATION
06/06/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
RECEIVER'S APPTTO CONFIRM SALE
9J Conversion
.,.
06/0612007
ORD CONFfRM SALE-SGND
- 0611 112007
06111/2007
9J Conversion
PL'S NOTICE OF FILING
§J Conversion
OBiS TO ENTRY OF RESP'S PROPOSED
06/11/2007 Conversion
..,. "ORDER IN SUIT/MODIFY PCR"
06/11/2007 til Conversion
.,. OBiS TO ENTR Y OF RESP'S PROPOSED
0611 112007 Conversion
.,.
"ORDER ON MOTION FOR SANCTIONS
06/13/2007 9J Conversion
RECEIVER'S 1ST INTERIM APPL FOR
0611312007 9J Conversion
AUTHORITY TO DISBURSE FUNDS AND
.,. 06113/2007 Conversion
APPROVAL OF RECEIVER'S FEES
06113/2007 Conversion
1ST INTERIM INVENTORY
,. 06118/2007 Conversion
APP TO DISBURSE FUNDS
06118/2007 !i1 Conversion
DAVID CARY'S OBJECTION TO REC'S 1ST
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06/18/2007 BJ Conversion
,
INTERIM APPLICATION FOR AUTHORITY
06118/2007 Conversion
TO DISBURSE FUNDS & APPROVAL OF
06118/2007 Conversion
REC'S FEES
06/25/2007 iii Conversion
ORD IN SUIT TO MOD PIC REL SGND
,.
I PAGE 44 OF 66 Printed 011 0811 H2() I II ", 1:44 PM
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DOCKET SHEET
-
CASE No. 3805460603
06125/2007 9J Conversion
ORO ON MOT FOR SANCTION SGND
07/02/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
D. CARY'S OBJECTION TO RECEIVER'S 1ST
,--
07/02/2007 9J Conversion
•
ORO APPROVE RECEIVER 1ST INTERIM APPL
..
07/02/2007 Conversion
FOR AUTII TO DISBURSE FUNDS & APPROVAL
07/02/2007 Conversion
OF RECEIVER'S FEES SGND
.,. 07/0912007 Conversion
DCKETSHEET
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ENTRY OF APPEARANCE
.,. 07/1 )12007 §J Conversion
REQ FOR FOF AND CONC OF LA W
.,.
,
07/25/2007 9J Conversion
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NOT OF APPEARANCE
,. 0712512007 WConversion
MOT FOR NEW TRIAL ON SANCTIONS
.,. 07125/2007 Conversion
MNEW: MTN FOR NEW TRIAL ON SANCTIONS
.,. 0712612007 ~ Conversion
MOT FOR NEW TRIAL
,. 07126/2007 Conversion
MNEW: MOTION FOR NEW TRIAL
,. KJ Conversion
08/0)/2007
MOTfNEW TRIAL FRM ORDS ON MOD & TRS
,. 08/0)/2007 {i] Conversion
ORO DENY DA VID MTN NEW TRIAL-SGND
,.
08/0)12007 Conversion
ORO DENY LUKE GUNNSTAKS MTN NEW TRIAL.-SG
08/06/2007 Qj Conversion
...
AFF OF JULIA F PENDER Y
J
08/0612007 9J Conversion
,. 08/09/2007
AFF OF JULIA PENDERY
Conversion
-.. PAGE 45 OF 66 Printed all 08/1 212n10 at /.-44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
...
NOTOF PAST DUE FlND/NGSOF FACT &
08109/2007 Conversion
CONCLUSION OF LA W
08/13/2007 9J Conversion
PET MOT TO APPT RECIEVER
0811 3/2007 9J Conversion
AFFD OF JENNIFER CARY
0811312007 WConversion
AFFD OF LUKE GUNNSTAKS
08/1312007 Conversion
8 CERTIFIED COPIES ORDER - 40 PGS
0811312007 9J Conversion
ORD APPOINTING RECEIVER SGND
,-
08/14/2007 QJ Conversion
~ OATIl OF RECEIVER-LUKE GUNNSTAKS
.,. 0811412007 Conversion
RECEIVERSIIIP
.,. 08/16/2007 §J Conversion
NOT OF BANKRUPTCY
., 0811 6/2007 §J Letter
Rqst for Documents by Israel SlIster
.,.
0911 212007 §.J Conversion
MOTION FOR NEW TRIAL ON ORDER APPT
.,.
0911212007 Conversion
RECEIVERIC LUKE GUNNSTAKS
0911 212007 Conversion
MNEW: MOTION FOR NEW TRIAL
rc
0911412007 QJ Conversion
AMENDED MOT FOR NEW TRIAL ON ORD
09114/2007 9J Conversion
APPT RECEIVER
09/24/2007 WConversion
NOTOF APPEAL
0912412007 9J Conversion
C LUKE GUNNSTAK'S NOTOF APPEAL ON
09124/2007 Conversion
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JUDGE'S
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CASE NO. 3805460603
THE ORD ON MOT FOR SANCTIONS SIGN
~
09124/2007 Conversion
6/2517
.... 09124/2007 Conversion
*"FAXED NOA TO COA/DALLAS
.,. 09124/2007 Conversion
"SENT COPY NOA TO COURT REPORTER
09124/2007 9J Conversion
~ NOT OF FlUNG
09124/2007 BJ Conversion
NOT OF FILING
09124/2007 Conversion
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~
.,.
09124/2007 Conversion
*················2ND APPEAL .... * •••••••••
09125/2007 WConversion
.,. REQ FOR CLERKS RECORD
09/26/2007 9J Conversion
REQUEST FOR CLERKS RECORDS
09/26/2007 Conversion
.,.
·"FAXED 2ND NOA TO COAIDALLAS
09126/2007 Conversion
·SENT COpy 2ND NOA-COURT REPORTER
09/26/2007 WConversion
·SENT REQ FOR REP REC TO CRT RPRTR
.,. 0912812007 WConversion
DESIGNATION OF RECORD ON APPEAL
10109/2007 Conversion
~ CRT REPORTER EXHIBITS TENDERED & SEALED
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10/0912007 Conversion
CRT REPORTER EXHIBITS TENDERED & SEALED
10119/2007 Conversion
COPY CLERK REC 298PGS@.25 EA
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10/23/2007 9J Conversion
REQ ADDT-NLITEMS FORRECORtFAPPEAL
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10/2312007 ~ Conversion
uFXD ATTORNEY LETTER TO COA/DALLAS
I
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JUDGE'S
- DOCKET SHEET
CASE NO. 3805460603
- 10/25/2007 9J Conversion
DESIGNATION OF ADT'L ITEMS FOR
-
1012512007 Conversion
RECORD ON APPEAL
10129/2007 iil Conversion
... C LUKE GUNNSTAKS MOT FOR WIDRAWAL
10/29/2007 Conversion
AS COUNSEL FOR PET
1012912007 Conversion
.,.
ORDER (WDRW COUNSEL) SIGNED
10/3012007 9J Conversion
MONEY PD FOR CLERK'S RECORD-14I3PGS
.... 1013112007 KJ Conversion
ENTRY OF APPEARANCE
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..
I 1013112007 Conversion
**MLD CLERK'S RECORD TO COAIDALLAS
1013112007 Conversion
**COPIES CLERK RECORD TO ATTORNEYS
1110112007 Conversion
MOTION HOLD RESPONDENT IN CONTEMPT
11101/2007 Conversion
REQUEST FOR ClTATION·NO SERVICE
~
1110112007 Conversion
COPIES FOR E·FIUNG DOCUMENTS
11101/2007 B:J Conversion
-
EFILE CONV/ENCE FEE
II 10112007 WConversion
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MOTION HOLD RESPONDENT IN CONTEMPT
11101/2007 WAddress Change
Party: Respondent Cary, Jennifer L
1110512007 Conversion
ISS CIT RET TO A TTY BY MAIL
'- 11105/2007 Conversion
HMLD CLERK'S RECORD TO COA/DALLAS
11105/2007 Conversion
,.
HCOPIES-CLERK RECORD TO ATTORNEYS
11106/2007 Conversion
I 9 PAGES - COPIES
... PAGE 48 OF 66 Prill/ed 011 0811 2/l0 In at 1:44 PM
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DOCKET SHEET
CASE No. 3805460603
1111212007 9J Conversion
GRN CRD COA 1116/7
1111212007 Conversion
~
RCPT-CLRK REC FLD: 05-07-01289-CV
11/20/2007 WConversion
.,. AFFT FOR AUTH OF BUS REC
I Jn912007 9J Conversion
PET 1ST AMENDED MOT HOLD RESPONDENT
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1112912007 9J Conversion
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11/30/2007 WConversion
SR SUBP DT HOWARD SHARPIO 1112717
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12/03/2007 9J Conversion
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STACY STEIN CARY'S OBJECTIONS TO
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12/0312007 9J Conversion
SIR-SUB DTIGEORGANNA SIMPSONIII1907
12/0312007 9J Conversion
SIR-SUB DrlJULlA PENDERYI/J-19-07
.,. 12/04/2007 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
PET'S MTN TO HOLD RESP IN CONTEMPT
- 12/0412007 9J Conversion
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12/0412007 9J Conversion
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12/07/2007 §J Conversion
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12/07/2007 Conversion
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12/07/2007 ~ Conversion
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1211 0/2007 Conversion
,
DOCKET SHEET
I
I.. PAGE 49 OF 66 Printed 011 081121201001/·44 PM
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DOCKET SHEET
CASE No. 3805460603
- 1211 112007
12111/2007
9J Conversion
CONTRACT OF EMPLOYMENT FOR LEGAL
Conversion
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-
1211112007 fiJ Letter
-
12113/2007 COli version
EFfLE CONVIENCE FEE
1211312007 {iJ Conversion
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12/13/2007 {i] Conversion
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RESP REQ FOR FIND OF FACT & CONCL
12/14/2007 9J Conversion
STACY CRAIG CARY SUPPLEMENTAL RESP
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12114/2007 ~ Letter
from Howard Shapiro
12114/2007 ~ Letter
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1211712007 9J Conversion
INT PL IN INTER VENT, MOT TO DISS
12117/2007 Conversion
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TURNOVER ORD & MOT FOR SANCT &
1211712007 Conversion
ATTORNEY'S FEES
1211712007 Conversion
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CRT REPORTER EXHIBITS TENDERED & SEALED
12117/2007 Conversion
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.... 12121/2007 9J Conversion
R'S MOT FOR PROTECTION FROM DlSCOVE
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12126/2007 9J Conversion
J STACY CARY'S MOT FOR Pia
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JUDGE'S
DOCKET SHEET
CASE No. 3805460603
- 12126/2007 9J Conversion
RESP 1ST AMEND MOT FOR PROTECTION
... 12/26/2007 Conversion
FROM DISCOVERY
... 12/26/2007 9J Conversion
EFILE CONVIENCE FEE
1212612007 §J Letter
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from Israel SUSler
12f27/2007 9J Notice
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12128/2007 £iJ Conversion
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TABLE OF CONTENTS
01/02/2008 Conversion
9J Conversion
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01/0212008
AFFT OF PERSONA L SER VICE
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01/0212008 WConversion
SIR SUBP KAREN ARCHER 122007
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01/02/2008 {i] Conversion
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011Q2/2008 Conversion
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01/03/2008 COI1\'crsion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
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-I
01/03/2008 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
INTERVENOR'S PLEA IN INTERVENTION. ETC
01/03/2008 Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
RESPONDENT'S MTN TO SET ASIDE ORDER
PAGESI OF 66 Printed nil fl8!1 }I}fllfl at 1:44 PM
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
01/03/2008 Conversion Enlry (9:00 AM) (Judicial Officer: Sandoval. Charles F.)
D. CARY'S MTN FOR PO
- 0110312008 Conversion Enlry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
S. CARY'S MTN FOR PO
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r-·~·
01/03/2008
APPENDIX TO DAVID F CARY'S RESP TO
01/03/2008 Conversion
PET'S 1ST AMND MOT TO HOLD RESP
0110312008 Conversion
IN CONTEMPT
01109/2008 9J Letter
fax cover sheet
01/1012008 {i] Conversion
SIR-SUBI/SRAEL SUSTERII-3-(}8 $135.(}(}
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copy ofleller from Israel SUSler 10 Craig Bernstein
01116/2008 Conversion
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to Judge Sandoval
0111712008 9J Letter
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0112312008 KJ Order
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copy of letter from David Fink
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- §J Conversion
02113/2008
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02113/2008 9J Conversion
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- PAGE 520F 66 Printed 011 08/1211010 otl.44 PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
02125/2008 {iJ COli version
- PT J CARYS DESIGNATION OF MATERIALS
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02125/2008 Conversion
TO BE INCLUDED IN CLERK'S RECORD
02125/2008 Conversion
.,. EFlU..; CONVIENCE FEE
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04111/2008 tiJ Mailed
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0411712008 9J Certified Green Card Returned
- i
COA 4/15/8
04129/2008 WNotice
CLERK'S RECORD RECEIVED BY THE 5TH COA/DALLAS: ()5-0B-00233-CV
Party: Attorney Thomas, Ashlie L; Attorney Shapiro, Howard; Attorney Henry, Byron K; Respondent Cary,
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,. 0611m008 ~ Findings of Fact and Conclusions of Law
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-
Party: Petitioner Gunnstaks, C. Luke
06113/2008 BJ E-File Confinnation Page
... ,
0612312008 General Docket Entry
Findings of Fact signed. CFS
\\,\,,,,UIIIIII""II
"",,~ '" \C T CO""",
" 0 '/ ,"
/Q" ". v~
- 06/23/2008
08/1m008
9J Findings of Fact and Conclusions of Law
i-.1
Order
':3.J ~
I.,'
-
=
~c;;; .~ ~ ~
'.~, l ' .
\-
=
=
ORDER REQUESTING RESPONSE REGARDING PETITION FOR WRIT OF MANDA~~ ED 08Y~~'t~.
'" lA, ~ ...., , , .,:\.'
'" //1 COU~I
'V \ ,. ",
-
/ ""11111 .. :\1\"\\'"
PAGE 5] OF 66 Prill/ed Oil 081/1120/0 Of 1:44 PM
-
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
.. 08121/2008 9,J Application
Receiver's app to close receivership and discharge receiver
-
Party: Receiver Bernstein, Michael S
08/21/2008 QJ Letter
Party: Receiver Bernstein, Michael S
-' 0812512008 9J Response
Stacy Cary's Objections to Receiver's Appl To close Receivership & Discharge Receiver
0812512008 9.J Application
to Close Receivership & Discharge Receiver
Party: Attorney Bernstein, Craig A
<iJ Order
~
08/28/2008
5TH COA/DALLS-GRANT EXT FOR RESPONSE OF RECEIVER-ISSUED 08/25/08
~
09f2m008 iii Order
5TH COA/DALLAS: CONSOUDATE CASES: 05-07-01289-CV PENDING APPEAL; 05-08-01030-CV
.... TREATED AS CLOSED CASE IN APPELLATE COURT-ISSUED 09110/08
10122/2008 ii1 Request
.,. REQ SUPPLEMENTAL CLERK'S RECORD
Party: Attorney Shapiro, Howard
IOf23/2008 WMailed
~ SUPPLEMENTAL CLERK'S RECORD TO 5TH COA/DALLAS
.. 10128/2008 9.J Certified Green Card Returned
COA 10/24/8
0112912009 {i) Motion - REOPEN· OCA 3a,
--r Pet to modify parent child relationship
Party: Attorney Keane, Patricia
..,. 01129/2009 Request for Citation
xl
Party: Attorney Keane, Patricia
- ;
01129/2009 Citation
Cary, Jennifer L
Unserved
02112/2009 <iJ Appeals - Correspondence
COPY OF RELATOR C "LUKE" GUNNSTAKS' MOTION TO ABATE FILED WITH 5TH COA/DALLAS
02112/2009 WOrder \\\\\",tlllll"""I/
,,\,,\~ ~\ C T CO'l/II/II
FROM 5TH COA/DALLAS - RE: RELATOR'S MOTION TO ABATE "", :--.0... ' ". & ",:-
.' ,;' _~
,,<:)., ~"
02118/2009 K1 Motion t~.i
Receiver"~s Qrder '>3;..~h
,.
for Reconsideration on "Order on Motfor Sanctions" & "Order Appointing
District COA. Dallas County. TX .. \~. iV\\\ f.oJ,
Party: Attorney Thomas, Ashlie L; Petitioner Gunnstaks, C. Luke -:",,0' r ~':\~'/
"',;( /ttr . ~ '{ --\,,':'
"'1 rnt.F' , . ,. '
""":':"':"1'11""\'\\
PAGE 54 OF 66 Primed 0" 0811 lIlO/O al / :44 PM
JUDGE'S
~ DOCKET SHEET
CASE No. 3805460603
0211912009 9J Court Admin Correspondence
," FAX/Email Rec'd by the Court
02124/2009 ~ Motion
r... for sub service
Party: Attorney Keane, Patricia
.,. 02124/2009 General Docket Entry
Order on Mtll for Substituted Service Signed
\,. 02124/2009 9J Order
for Subs Service
.,.
I 0212712009 9J Original Answer
Party: Attorney Benavides, Alma R
...
.,. 02127/2009 WResponse
10 P's Mal For Reconsideration
Party: Attorney Henry, Byron K
.,. 02n812009 til Correspondence
from Judge Wooten
~ 03/0212009 Hearing (8:30 AM) (Judicial Officer: WOOlen, Suzanne)
.1
to reconsider Order all Mtll for Sanclions/Order appl. receiver
03103/2009 9J Motion
to recuse
Party: Attorney Basinger, Kyle G
.,. 03/04/2009 General Docket Entry
Order of Referral on Motion to Recuse Signed
,. 03/0412009 BJ Letter
-
Cover Leller
03/04/2009 WBrief
,.
I
Appellant's Reply Brief
0)/0412009 {i1 Brief
Amended Appellanl's Brief
.,. 03/04/2009 !iJ Objection
10 mill 10 recuse/disqualify judge
Party: Petitioner Gunnstaks, C. Luke
03/04/2009 9J Motion
to recollsider rulillg of Ihe COUl'l all jenllifer Carys mill reCllseldisqualify judge
Party: Petitioner Gunnstaks. C. Luke
03/04/2009 ~ Order
afReferral alii Motto Recl/se
PAGE 55 OF 66 Pr;/lled 0/1 0811212010 al 1:44 PM
JUDGE'S
.. DOCKET SHEET
CASE No. 3805460603
03/05/2009 9J Motion
to Reconsider Ruling on Motion to Recuse
Party: Attorney Keane, Patricia
0312312009 9J Address Change
Party: Respondent Cary, Jennifer L
QJ CANCELED Hearing
Per Judge
04129/2009 Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
w Judge McCraw re: cOllrl of appeals order
0412912009 9J Correspondence
.,. Stipulation
04/2912009 9J Temporary Restraining Order
Mutual TRO and Ord Set heQl-ingfor TO's
05121/2009 WCorrespondence
LETTER FROM JOHN L MCCRA W, JR_ ADDRESSED TO COUNSELORS RE:COURT OF APPEALS ORDER
05/2612009 9J Notice
offiling o.fpolice reports
Party: Attorney Basinger, Kyle G
05/26/2009 {i] Affidavit
for Bus REc
Party: Attorney Thomas, Ashlie L
05/26/2009 WNotice
of Filing of Bus Rec A.ff
Party: Attorney Basinger, Kyle G
.-
05/2612009 WAffidavit
.,. for Bus Rec
Party: Attorney Keane, Patricia
05127/2009 Hearing (I :30 PM) (Judicial Officer: Wooten, Suzanne)
in Aux Court
":""
0512712009 {i1 Certificate of Deposition
Niles Masters
"'-' Party: Attorney Thomas, Ashlie L
- 05/27/2009 {i] Affidavit of Business Records
First Amended
- ,
0512712009
05/29/2009
-w Notice
of Filing Bus Ree Aff
9J Objection
to Petitioner's Proposed Order
Printed 011 08112110/001 I :44 PM
PAGE 56 OF 66
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
Party: Attorney Basinger, Kyle G
~
06/04/2009 9J Response
to Respondent's Obi to Pet Proposed Ord
., Party: Attorney Keane, Patricia; Petitioner Cary, David r-
06/0412009 §J Respondent's
Motion To Modify Standing Order.
~ Party: Attorney Basinger, Kyle G
06/04/2009 §.J Letter
" cover
.,
Party: Attorney Basinger, Kyle G
06/05/2009 9J Amended Answer
Resp First Amended Original Answer
Party: Attorney 8asinger, Kyle G
0610512009 §J Amended Motion
for Temp Ord
Party: Attorney Keane, Patricia
06/09/2009 General Docket Entry
.,. Agreed Order Extending TRO / Reselling Hearingfor TO Signed
9J Motion
.,
0612412009
Emerg Motlor P/O
I Party: Attorney Keane, Patricia
!il Motion for Continuance
.,.
07101/2009
Party: Attorney Basinger, Kyle G; Respondent Cary, Jennifer L
0710812009 Ilea ring (10:00 AM) (Judicial Officer: Wooten, Suzanne)
@ II am in Aux COllr' #2 - Judge McCraw
07/08/2009 KJ Order
ORDER EXTENDING MUTUAL TEMPORARY RESTRAINING ORDER AND RE-SE7TING HEARING FOR
TEMPORARY ORDERS
07/0912009 WAppeals - Judgment And Opinion
AFFIRMED - 5TH COAIDALLAS
07/09/2009 {i] Court Admin Correspondence
FAX/Email Rec'd by the COLII"t
0711612009
WOrder (Judicial Officer: Wooten, Suzanne)
07/1612009 9J Correspondence
-
FAXED ORDER TO ALL PARTIES
07116/2009 QJ Appeals - Correspondence
MAILED SUPPLEMENTAL PER REQUEST INCLUDING ORDER
07116/2009 Request ror Copies
.,. PAGE 57 OF 66 Prillted Oil (l81/212M (101 1:44 PM
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
07117/2009 gJ Order to Substitute Counsel
Agreed
07122/2009 9J Amended Motion
2nd Amend Mot/or T/O
Party: Attorney Keane, Patricia; Petitioner Cary, David F
0712)12009 Temporary Orders Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
@ 1:30 in CCAL #2 - Judge McCraw
07123/2009 §J Certified Green Card Returned
5TH COA/DALLAS - 07/21/()9
07124/2009 tiJ Certi ficate of Deposition
Stacy Cary
Party: Respondent Cary, Jennifer L
r-
0712412009 BJ Certificate of Deposition
David Cary
Party: Respondent Cary, Jennifer L
07/28/2009 {i] Appeals - Correspondence
NOTICE OF FILING SUPPLEMENTAL CLERK'S RECORD-5TH COA/DALLAS
0712912009 [] Order
REINSTATE APPEL AS CONSOLIDATED WITH NEW APPEAL FILED - 5TH COAIDALLAS
09109/2009 <dJ Coun Admin Correspondence
FAX/Email Rec'd by the Court
0911412009 WMotion
..., to sign temp orders
Party: Attorney Webb, Brian L
WNotice
.,. 0911 5/2009
a/sub 0/ counsel
Party: Attorney Cowden, David
09121/2009 9J Motion to Sign (9:00 AM) (Judicial Officer: Wooten, Suzanne)
TO's
09122/2009 §J Letter
from Nancy Shosid MD
09/2412009 <il Motion
Motioll/o Modify Temporary Orders
Party: Attorney Cowden, David
j 09124/2009 9J Motion
Motion/or IllIerim Allorney's Fees
Party: Attorney Cowden, David
PAGE 58 OF 66 Prill ,ed all (}811 212(} f(} nI J:44 PM
-
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
09124/2009 9J Motion
Motionfor Reconsideration
Party: Attorney Cowden, David
09129/2009 hi Mandate (Judicial Officer: Wooten, Suzanne)
~
Comment (JUDGMENT OF TRIAL COURT AFFIRMED-5TH COAIDALLAS)
., 10/01/2009 WMotion
for Protective Order
Party: Attorney Cowden, David
10/01/2009 WSubpoena Return· Not DC Issued
.,
Dianna Hurtado
10/01/2009 ~ Motion
to sign temp orders
Party: Attorney Webb, Brian L
CANCELED Motion to Sign
Other
1010712009 ~ Certificate
of Writ/en DiscovelY Directed to Pet
Party: Attorney Cowden, David; Respondent Cary, Jennifer L
10/0912009 9J Letter
Party: Attorney Cowden, David
~
1012312009 WAppeals· Supplemental Request
'.,. 1012912009
,-.,
9J Response
to min for interim attnys fees
.-
,
Party: Attorney Webb, Brian L
10129/2009 9J Response
.,. to min to mod temp orders
Party: Attorney Webb, Brian L
- I
10129/2009
11105/2009
WResponse
to mtnfor reconsideration
Party: Attorney Webb. Brian L
Appeals· Clerk's Record Paid
{i]
.,.
11/05/2009 Mailed
SUPPLEMENTAL CLERK'S RECORD TO 5TH COAIDALLAS·--84/3
11/0512009 WAppeals· Cover Letter
,
1111 312009 Motion Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
Mod(fy TO's - Judge McCraw
11/13/2009 Motion to Sign (9:00 AM) (Judicial Officer: Wooten, Suzanne)
,.
Judge McCraw
PAGE 59 OF 66 Prinred Oil n811 2IJnJO (/1 1:44 PM
.,.
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
1111312009 Motion Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
Interim Atry Fees - Judge McCraw
11/13/2009 Motion Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
Reconsideration - Judge McCraw
11/1312009 Motion Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
Protective Order - Judge McCraw
1111312009 {iJ Deputy Reporter Statement
• 11116/2009 ~ Temporary Order
r-
11/16/2009 QJ Certified Green Card Returned
5TH COA/DALLAS - 11/09109
12/02/2009 ~ Certificate
oj Wr;/Ien Discovery Directed to Pet
Party: Respondent Cary, Jennifer L
12/02/2009 gJ Address Change
Party: Respondent Cary, Jennifer L
12/04/2009 9J COlirt Admin Correspondence
FAX tolfro", the Court
1210412009 §J Temporary Order
12107/2009 ~ Motion
to Mod Funds or in the alter to extend time to pay Junds
Party: Attorney Webb. Brian L
12/09/2009 9J Motion
to Compel Discovely & Jar Sanction
.,.
Party: Attorney Webb. Brian L; Petitioner Cary, David F
12/14/2009 WMotion
Jar EnJorcement oJTemp Orders by Contempt
Party: Attorney Webb, Brian L
II'
...
1211412009 Request for Citation
I
12114/2009 Request ror Notice
12/1412009 ~ Arnended Motion
to compel disc andJor sanctions
,.
Party: Attorney Webb, Brian L
1211 7/2009 9J Records
Declaration Jar Business Records -Morgan Stanley PART 2
1211 7/2009 9J Records
PAGE 60 OF 66 Prill/I'd "" 0811 112M 0 01 I-u PM
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
Declaration for Business Records-Morgan Stanley PA R T 3
• 12117/2009 9J Social Study Report
., 1212112009 Citation
Cary, Jennifer L
Unserved
1212112009 Notice
Cary, Jennifer L
Unserved
~
9J Subpoena Return - Not DC Issued
..
1212812009
Cust of Records Center for Social Success
12128/2009 WMotion
...
10rPiO
Party: Witness Center for Social Success
12130/2009 9J Motion
2nd Motion for Enforcement afTemporary Orders by Contempt
~ Party: Attorney Webb, Brian L
..I
12/30/2009
12/3012009
Request for Citation
Request for Notice
01/05/2010 ru Notice of Appearance
Party: Attorney Neal, William F
01/05/2010 9J Motion
Motionfor Enforcement of Child Support Order and Order to Appear
Party: Attorney Neal, William F
01/0512010 9J Request for Citation
Qty. I
Party: Attorney Neal, William F
01/05/2010 Request for Notice
Qty. I
Party: Attorney Neal, William F
01/06/2010 Citation
lilCary, David F
Served: 01/1212010
01/06/2010 Notice
KJ Cary, David F
Served: 0111212010
01/0712010 9J Motion
Emergency Min for Prot Order and for Sanctions
Party: Attorney Huey, Jeanne M
01111/2010 ~ Appeals - Judgment And Opinion
PAGE 6t OF 66 Prill led 011 08112120/0011:44 PM
JUDGE'S
.,. DOCKET SHEET
CASE No. 3805460603
APPEAL DISMISSED IN PART/AFFIRMED IN PART ORDER AS MODIFIED-5TH COA/DALLAS
01111/2010 BJ Order
RELA TOR'S PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT-5TH COA/DALLAS
01115/2010 Motion ror Enrorcement (10:00 AM) (Judicial Officer: Wooten, Suzanne)
01/15/2010 Motion To Compel (10:00 AM) (Judicial Officer: Wooten, Suzanne)
01115/2010 QJ Motion Hearing (10:00 AM) (Judicial Officer: Wooten, Suzanne)
for Emergency Protective Order @ 9 am
01115/2010 Motion ror Enrorcement (10:00 AM) (judicial Officer: Wooten, Suzanne)
01115/20 I 0 9J Respondent's
special exceptions. motion to strike and response 10 petitioners first and second motions for enforcement of temp
orders by contempt
Party: Attorney Neal, William F
01115/2010 {i] Motion to Withdraw
Party: Attorney Cowden, David
01/15/2010 WMotion for Continuance
Party: Attorney Neal, William F
"" 01125/2010 §J Jury Fee Paid
02/02/2010 ~ Notice
Dave Cary's notice offiling 0/proposed jury charge
02/0312010 Hea ring (9:00 AM) (Judicial Officer: Wooten, Suzanne)
"r Discovery
02/03/2010 Pre-trial Conrerence (9:00 AM) (Judicial Officer: Wooten, Suzanne)
~
02/0312010 9J Motion
Petitioners 1Il0lion ill limille
~ Party: Attorney Webb, Brian L
02/0312010 ~ Certificate of Deposition
Party: Attorney Webb, Brian L
.,. 02/0412010 ~ Respondent's
Mol in Limille
Party: Attorney Neal, William F
... 02/05/2010 §J Cenificate of Deposition
,.
.i
Party: Attorney Webb, Brian L
02/08/2010 .Jury Trial (9:00 AM) (Judicial Officer: Wooten, Suzanne)
02/09/2010 <iJ Court Admin Correspondence
FAX sent by the Co urI
~
Prillted 011 ()811 ZI}()I() {l/ 1'44 PM
1- PAGE 62 OF 66
JUDGE'S
DOCKET SHEET
CASE NO. 3805460603
02/09/2010 9J Subpoena Return - Not DC Issued
Gail Berkemeir (}208/0
02/09/2010 §J Subpoena Return - Not DC Issued
Jail Kirk/and 0208/()
02/09nolO !i1 Subpoena Return - Not DC Issued
John Ball 0208/0
02/09/2010 WSubpoena Return - Not DC Issued
Dr. Susan Istre 020810
.,. 02/09/2010 !i1 Subpoena Return - Not DC Issued
Anna Herman 020510
,. 02/1 onolO WSubpoena Return - Not DC Issued
Lucille Helton The Hill School
!i1 Subpoena Return - Not DC Issued
...
02/12n010
, Chris LUlla
.,. 02/12/2010 WSubpoena Return - Not DC Issued
Kelly Moore
02/1212010 til Subpoena Return - Not DC Issued
Marilyn Aaron
~
,.
,
02/18/2010 !i1 Deputy Reporter Statement
,.
02/18/20 I 0 !i1 Exhibit
Party: Respondent Cary, Jennifer L
I
02n3/2010 Qj Motion
.,. to compel compliance with mediated settlement agreement andfor sanctions
Party: Attorney Webb, Brian L
02nS12010 WCorrespondence
"
Fax rec'd by the court
03/02nOl0 QJ Response
Respondent Jenmfer Cary's Response to Petitioners Motion to Compel Compliallce 11'/ MSA and for Sanctiolls
03/0312010 Ilea ring (I :00 PM) (Judicial Officer: Wooten, Suzanne)
,
". 03/03/2010 Motion To Compel (I :00 PM) (Judicial Officer: Wooten, Suzanne)
-,
OJ/03/2010 9J Amended Motion
Petitiollers Secolld A mended Motion to Compel DiscovelY and For Sallctiolls
Party: Attorney Webb, Brian L
03/05/2010 iJ Statement
deputy reporter slatemelll
PAGE 63 OF 66 Primed on 0811 J/lam al 1:44 PM
JUDGE'S
..,. DOCKET SHEET
CASE No. 3805460603
.,. 03110/2010 WMotion
10 compel compliance wilh media led sllmnl agrmnl and for sallclions
Party: Attorney Neal, William F
., 03/12/2010 Ifearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
of{ molions
III,. 03112120 I 0 WRespondent's
resp 10 pet's second amelld mIn 10 compel disc andfor sanctions
Party: Attorney Neal, William F
03/12/20 I 0 QJ Respondent's
Jennifer Cary's MIn for conI or in the alter a mol to equalize lillie
Party: Attorney Neal, William F
03/12/20 I 0 9J Subpoena Return - Not DC Issued
AlIlla Herman 3-1I-10
,
03112120 I 0 {iJ Subpoena Return - Not DC Issued
Chris Luna 3-/ /-10
lor
0311212010 !i1 Respondent's
mtll 10 compel disc alldfor sallcliollS
'.,.. Party: Attorney Neal, William F
03/1212010 WRespondent's
mill for po and req for rule /3 sanctiollS
Party: Attorney Neal, William F
03/17/20 I 0 §J Subpoena Return - Not DC Issued
Slephell Moore 3-16-10
0312412010 WSubpoena Return - Not DC Issued
Kelly Moore
.,.. 03125/2010 Hearing (I :30 PM) (Judicial Officer: Wooten, Suzanne)
03/2512010 WMotion
for protective order
Party: Attorney Webb, Brian L
0312512010 ~ Subpoena Return - Not DC Issued
DialinG Hurtado 032510
04/06/2010 Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
9:30
"!""
0412612010 Hearing (9:30 AM) (Judicial Officer: Wooten, Suzanne)
05103/20 I 0 Hearing (9:30 AM) (Judicial Officer: Wooten, Suzanne)
9J Motion
,. 05/06/2010
Malian for Enforcement of Mediated Selllemelll Agreement (/nd For Sanclions
.,.
\ PAGE 64 OF 66 Prillled all ()811212()f() (II /"401 PAl
JUOGE'S
DOCKET SHEET
CASE No. 3805460603
Party: Allorney Webb, Brian L
.... 05/06/2010 9J Request for Citation
xl
Party: Allorney Webb, Brian L
~
0510612010 Request for Notice
xl
Party: Allorney Webb, Brian L
.
~
05107/2010 Citation
Cary, Jennifer L
Unserved
05107/2010 Notice
Cary, Jennifer L
Unserved
., 05107/2010
r.
9J Court Admin Correspondence
Correspondence sent by Judge McCraw
0511412010 9J Motion
to vacate MSA
Party: Attorney Robertson, Richard L
05114/2010 §J Motion
for alt service
Party: Attorney Webb, Brian L
05117/2010 WOrder
on mtn for alternative service
0511912010 til Amended Motion
for alternative service
Party: Attorney Webb, Brian L
0511912010 9J Order
onfirst amend mtnfor alter service
05126/2010 WResponse
to motion to vacate mediated settlement agreement
05128/2010 Motion for Enforcement (9:30 AM) (Judicial Officer: Wooten, Suzanne)
& Mtn to Vacate MSA
05128/2010 9J Brief
trial brief regard enforce of the mediated stlmnt agrmnt
05128/2010 WBrief
...
Irial brief on vacating lIIed slllllllt agmllit
J
05/2812010 ~ Request
...
for findings offacl and conclusion aflaw
Party: Responden! Cary, Jennifer L
J
,. PAGE 65 OF 66 Prill ,ed on 081J212010ar 1:44 PM
-
JUDGE'S
DOCKET SHEET
CASE No. 3805460603
- 05f28f2010 KJ Correspondence
interpretation of Feb 8,2010 mediated stlmnl agrmnl
W
-
06fl 6f20 I 0
Mandate (Judicial Officer: Wooten. Suzanne)
Comment (Appeal Dismissed at moot-Modified in Part & Affirmed-5th COAlDallas)
- 06/16/2010 WAppeals - Correspondence
. 07102f20 I 0 WMotion
to Sign Order
Party: Attorney Webb. Brian L
-
07/0712010 Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
WOrder Denied
..
07107/2010
mtn to vacate mediated stlmnt ogrmnt
07123/2010 WLetter
-
Cover
-
08f02/2010 WObjection
to petitioners proposed order in Suit to Modify PIC Relationship
Party: Attorney Neal. William F
-
08/0312010 Motion to Sign (10:00 AM) (Judicial Officer: Wooten. Suzanne)
08/03/20 I 0 W Deputy Reporter Statement
08/03/2010
9J Order to Modify Parent Child Relationship (Judicial Officer: Wooten. Suzanne)
.. DAn;
Intervenor Cary. Stacy
Total Charges 10.00
Total Payments and Credits 10.00
Balance Due as of 811212010 0.00
..
I
Petitioner Cary. David F
Total Charges
Total Payments and Credits
Balance Due as of 811212010
28.888.97
28.888.97
0.00
- Respondent Cary. Jennifer L
Total Charges
Total Payments and Credits
Balance Due as of 8/12/2010
262.00
262.00
0.00
Witness Istre. Susan
-
Total Charges
Total Payments and Credits
Balance Due as of 8/1212010
..
PAGE 660F 66 Printed all 0811212010 all:4~ PM
Wi
..
I
•
•
..
..
..
WI
..,
,
STATE OF TEXAS )
COUNTY OF COLLIN )
I. Hannah Kunk . Districl Clerk in and fOf ColllO C(luoty Teus. do
-
Ce"ify lIthe above fOrCgO~ng is lrue anJ correct copy of the
~
o .g I docum I as Ihe same appc fS nIh til< tn the Oimict CoWl.
. ou 'tness my , . an seal or said Coult. tbis
dayo .0 .• 20_
HANNAH KUNKLE. OISTRlCfCLERK
COLLIN COUNTY TEXAS
..
~~_;y!:~_ U!··._~~:=:Ncu. _____ ._ . ____________ ._________ .0 _ _ _ _ _ _ _
-
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tIS.
.....
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.T·ll.rio ~"~f:; ! I~; TtfF. INTE 1316 Village Creek Drive Ste 500 J
Pla.no, TX 75093
SCAl\TNELl
972-380-0130
I
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_. ------ '--'--- --tT/1 f7401tIG'-Ai.fS-::JENNIFER-·CAR'Y- !
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DATE OF ORDERS
MO I DAY I YR.
,~ .. ~':J ,=~'-f _<=;1 -.:=~ __ .. ==-J_====~:=-===1~~==~i=.,==:='!~~:~~==~·=::r====,,=!=====!"=====~=======~ .. ====!=-====!======~=====:
Nuc,-.ber .0:': C<"ise I NAMES OF PARTIES I Kind of Ac=t=io=u_ _
_ }~3_,;~~t;'tl;~~·(;3 , IDAVID FREDRICK CARY , Howard ShC!.pir" [VORCE
y~ I Po Box 861720
I 'I Plano, TX 75086 '-'--t-i-f-f--
Q)\~C: OF FILING . 972-423-0033
I
~·;~l]th:l.oa"y Year 1 VS. 1
_~_.l. 291 03 IJENNIFER LYNN CARY Israel Suster
Jury Fee: I 1316 Village Creek Drive Ste 500
1 Plano, TX 75093 t
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_1.~_.Lili_03 _I JENNIFER LYNN CARY Israel Suster
1316 Village Creek Drive Ste 500 3
JUr':T Fee: I Plano, TX 75093
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....l~v-:54606-03 1 /DAVID FREDRICK CARY Po Box 861720
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'4onth I Day I Year / VS.
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Jury Fee: 1 I: 1316 Village Creek Drive Ste 500 3
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i~0ntfiIDayIYe=ar~1 ____________________ VS. israel Suster
! 12 I 291 03 I JENNIFER LYNN CARY 1316 Village Creek Drive Ste 500
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Jury Fee: Plano, TX 75093
972-380-0130 Defendant
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1~9-51_?.?_~_:.~._IDAVID FREDRICK CAl\.Y
Po Box 861720 IDIVORCE
I Plano, TX 75086
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972-423-0033
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Plaintiff
vs.
Israel Suster
1316 Village Creek Drive Ste 500
Plano, TX 75093 Defendant
Pain l)y: 972-380-0130
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FAMILY DOCKET
Number of Case Case e Attorn Case Parties
3805460603 In the Matter of the Marriage of Patricia Keane; Ashlie L Thomas Petitioner: David F Cary
Divorce DAVID FREDRICK CARY Vs. 2208 Routh Street
JENNIFER LYNN CARY Dallas TX 75201-0000; 15150
Preston Rd #300
Dallas TX 75248-
214-871-9100; 972-392-2300
Date of Filing Kyle G Basinger Respondent: Jennifer L
12/29/2003 One Lincoln Centre Cary
5400 LBJ Frwy Ste 525
Jury Fee: Paid Dallas TX 75240-0000
By 972-661-2622
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
J;JiU~.L~'i:1ilC(:'{:~;"~ ,
SE1'.fIO]EliJo;.a~ '. ,
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FAMILY DOCKET 52S- A/ 7"/, I:rJ 5'v..A / .!- iffl's-o
v. ~ ,);;;/1
Number of Case Case St Ie Attorne s Case Parties
3805460603 In the Matter of the Marriage of Patricia eane; Ashlie L Thomas Petitioner: David F Cary
Divorce DAVID FREDRICK CARY Vs. 2208 Rou Street
JENNIFER LYNN CARY Dallas TX 201-0000; 15150
Preston Rd # 0
Dallas TX 7524
214-871-9100; 972-392-2300
Date of Filing Kyle G asinger I;J..~~J•• . (4;.J r pondent: Jennifer L
12/29/2003 One Lin oln Centre 7ri:r .tI~A~ ary
5400 LB Frwy Ste 525S~ /Pr 1';";(.
Jury Fee: Paid Dallas TX 5240-0000·;1'/ w R'~ I
By 972-661-262 T,r7/1.3 .
Date of Orders .
Month Day Year ORDERS OF COURT PROCESS
,/
-f -. -I -r -t I
FAMILY DOCKET
Number of Case Case Style Attorneys Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing William F Neal Respondent: Jennifer L
12/29/2003 401 E Corporate Drive #200 Cary
Lewisville TX 75057
Jury Fee: Paid 972-436-8000
By
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
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-t -f .f
FAMILY DOCKET
Number of Case Case St Ie Attorne s Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing William F Neal Respondent: Jennifer L
12/29/2003 401 E Corporate Drive #200 Cary
Lewisville TX 75057
Jury Fee: Paid 972-436-8000
B
Date of Orders
Month Day Year PROCESS
" !.
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SENIOR JUDGE
Sitting by Assignment
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FAMILY DOCKET
Number of Case Case St Ie Attorne s Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing William F Neal Respondent: Jennifer L
12/29/2003 401 E Corporate Drive #200 Cary
Lewisville TX 75057
Jury Fee: Paid 972-436-8000
B
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
, ,-,. .. ~', '..' 'J,
.
Jo hn L. McCraw:Jr . ~ t. . •
. Sitting by Assignriietit
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FAMILY DOCKET
Number of Case Case St Ie Attorne s Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing William F Neal Respondent: Jennifer L
12/29/2003 401 E Corporate Drive #200 Cary
Lewisville TX 75057
Jury Fee: Paid 972-436-8000
8
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
J 3 /V
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John L. McCta. w.Jr."···· ....
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FAMILY DOCKET
Number of Case Case St Ie Attorne s Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing Richard L Robertson Respondent: Jennifer L
5700 W Plano Parkway Cary
12/29/2003
Suite 2200
Jury Fee: Paid Plano TX 75093
By 972-769-2727
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
/()
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SENIOR 'JUDo-E'
'
Sitting by ASsigfunent
-i -I -I -f - ~ -,- -r -f
FAMILY DOCKET
Number of Case Case Style Attorneys Case Parties
3805460603 In the Matter of the Marriage of Brian L Webb; Ashlie L Thomas Petitioner: David F Cary
Divorce David Fredrick Cary Vs. Jennifer 325 North St Paul St
Lynn Cary Ste 4450
Dallas TX 75201; The Parker Law
Firm
2317 Plaza Parkway
SCANNED
Suite 100
Bedford TX 76021
214-871-2730; 817-503-9200
Date of Filing Richard L Robertson Respondent: Jennifer L
12/29/2003 5700 W Plano Parkway Cary
Suite 2200
Jury Fee: Paid Plano TX 75093
By 972-769-2727
Date of Orders
Month Day Year ORDERS OF COURT PROCESS
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STATE OF TEXAS
COUNT\, OF COLLIN )
) j
I. H.nnoh Kunklt. \)j,lricl Clrrk in Ind r r Collin County TtuLS, do
hcrrhr <ertifr Ih.1 Iht .hn"c ."d for~~"in i •• lruc and <orrtcl copy
%
of Ihe o'l!inal ru.'·II"'cnl •• Ih ... m. ""p. rs on Ihr lile in Iht
Ilislticl Court. CI1l1i{
uid Court, Ihis th.
;1I1~·. Tn . Wit ~~ In)' 1"'1".1 .nd , .. 1or
ll.y 0 A.O,. ~o L.iL...
CC)Ufi:t:./
HANN·, Kl'NJ.:U:. DlSTHICT CLERK
CWIN
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(' OEPUlY
-
CAUSE NO.
-
IN THE
I
SUPREME COURT OFTEXAS
IN RE JENNIFER CARY
Relator
Original proceeding from the Fifth District Court ofAppeals at Dallas,
Cause No. 05-JO-OJ071-CV, and 3801'. Judicial District Court, Collin County, Texas.
Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.
AFFIDAVIT OF THOMAS M. MICHEL
STATE OF TEXAS )
- COUNTY OF TARRANT )
On this day Thomas Michel appeared before me, the undersigned notary public,
and on his oath deposed and said:
1. My name is Thomas M. Michel. I am over the age of twenty-one (21) and
am fully competent to make this affidavit. I have personal knowledge of
the facts stated herein and that they are true and correct.
2. I am appellate counsel on behalf of Relator, Jennifer Cary.
- 3. On August 12, 2010, I visited the Collin County District Clerk's office and
th
examined the clerk's files in Cause No. 380-54606-03 in the 380 District
- Court of Collin County, Texas. Attached to the Appendix as "P" is a
certified copy of the Collin County District Clerk's Docket Sheet printed by
the clerk showing the events and orders of the Court. In my search of the
file, I did not locate an Order of Assignment assigning John L. McCraw to
the case.
Page 1
AFFJl)AVIT OF TIIOMAS M. MICIIEL
-
...
4. Attached to the Appendix as "0" are true and correct copies of printouts
.. from the webpage of Judge Ovard, Presiding Judge of the First
Administrative Region, which do not reflect that the Honorable John L.
McCraw, Jr. was assigned to Cause No. 380-54606-03 by Judge Ovard, the
Presiding Judge of the First Administrative Judicial Region.
FURTHER AFFIANT SAITH NOT.
Thomas M. Michel
.. SUBSCRIBED AND SWORN TO before me on this
to certify which witness my hand and official seal.
6~ay of December, 2010,
I
~
KIM D. MILLER
NOTARY PUBLIC
STATE OF TEXAS
Notary Public, State of Texas
...
My Comm: Exp. Q6.05.2013
-
i_
- AFFIDA "IT OF THOMAS M. ~tlCHEL
Page 2
.,.
.. CAUSE NO. _ _ _ _ _ __
.,.
IN THE COURT OF APPEALS
.. FIFTH DISTRICT OF TEXAS
AT DALLAS
- IN RE JENNIFER CARY
Relator
.,. Original proceedingJrom the 380 TH Judicial District Court, Collin County, Texas .
Cause No. 380-54606-03; the Honorable John L. McCraw, Jr .
... AFFIDA VIT OF WILLIAM F. NEAL
STATE OF TEXAS )
COUNTY OF DALLAS )
On this day William F. Neal appeared before me, the undersigned notary
public, and on his oath deposed and said:
-
1. My name is William F. Neal. I am over the age of twenty-one (21)
and am fully competent to make this affidavit. I have personal
knowledge of the facts stated herein and that they are true and conect.
.,..
2. I was trial counsel on behalf of Relator, Jennifer Cary, in Cause No.
,. 380-54606-03 in the 380 'h Judicial District Court;
3. Attached to the Appendix as "N" is a true and correct copy of Order in
Suit to Modify Parent-Child Relationship signed on August 3, 2010
signed by John L. McCraw, Jr.;
- I
- I
,\HID" VIT OF WILLIAM F. NEAL
..
.... 4. My office has conducted a review of our file and we have not located
a copy of an Order of Assignment assigning John L. McCraw, Jr. to
the matter pending in the 380 1h Judicial District Court in Cause No.
-
380-54606-03. I do not recall having seen a copy of any Order of
Assignment of John L. McCraw, Jr. in this case.
-
FURTHER AFFIANT SAITH NOT.
... illiam Neal
th.
SUBSCRIBED AND SWORN TO before me on this ;(4 day of August,
2010, to certify which witness my hand and official seal.
-
JANENE KOINER
III" Notary Public. Stale of Texas
My Commission Expires
Seplember 10.2011
AFFIO ..\ VIT OF WILLlAII1 F. NEAL Page 2
.. CAUSE NO. 05-10-01071-CV
... IN THE COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
IN RE JENNIFER CARY
Relator
Original proceeding from the 380TH Judicial District Court, Collin County. Texas,
Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.
-
I
AFFIDAVIT OF DOUG PERRIN
I
STATE OF TEXAS )
~
COUNTY OF DALLAS )
- On this day Doug Perrin appeared before me, the undersigned notary public, and on his
oath deposed and said:
- 1. My name is Doug Perrin. I am over the age of twenty-one (21) and am fully
competent to make this affidavit. I have personal knowledge of the facts stated
herein and that they are true and correct.
2. I am an attorney licensed in the State of Texas. On or about August d, 2010, I
spoke with a woman whose name I believe was Sandy, an assistant for Judge
- Ovard. She informed me that she did not have a signed copy of an order assigning
Judge McCraw to Cause No. 380-54606-03. She did have an unsigned copy of an
order.
FURTHER AFFIANT SAITH NOT.
- Doug P
SUBSCRIBED AND SWORN TO before me on this _ _day of August, 2010, to
:., :.
'
certify which witness my hand and official seal.
r-. -f3~'" £d
t
: """ L.S'THUYNH
.)tr'.:.! :'f0TA8Y PUBLIC
.... ::~;;;~~~:.... Stale of Texas Notary Public, State of Texas
-
"..
v~~12-2012
A fTlDA V1T OF DOUG PERRIN
p.,..
-
- CAUSE NO. 05-10-01071-CV
II.
IN THE COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
IN RE JENNIFER CARY
Relator
-
-
Original proceedingJrom the 380 TH Judicial District Court, Collin County, Texas,
Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.
.,. AFFIDAVIT OF ASHLEY JOHNSON
STATE OF TEXAS )
COUNTY OF DALLAS )
- On this day Ashley Johnson appeared before me, the undersigned notary public, and on
her oath deposed and said:
l. My name is Ashley Johnson. I am over the age of twenty-one (21) and am fully
competent to make this affidavit. I have personal knowledge of the facts stated
herein and that they are true and correct.
2. I am a legal secretary for Doug Perrin. On or about August 19, 2010, I spoke with
the clerk for the 380th District Court and she indicated that she could not find an
order that assigned Judge McCraw to Cause No. 380-54606-03.
FURTHER AFFIANT SAITH NOT.
Ashl Johnson
SUBSCRIBED AND SWORN TO before me on this {lLday of August, 2010, to
certify which witness my hand and official seal.
.,. /':~{jb~;\
;.: .~.:.:
.,.,>.........
:~/
~.~~~~ ....
LISA T HUYNH
NOTARY PUBLIC
State of Texas
Comm. Exp. 03-12-2012
~ Notary Public, State of Texas
,.
Al'l'IDA VlT OF ASHLEY JOHNSON
CAUSE NO. 05-10-01071-CV
-
- IN THE COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
-
AT DALLAS
.. IN RE JENNIFER CARY
Relator
- Original proceedingfrom the 380TH Judicial District Court. Collin County. Texas.
Cause No. 380-54606-03; the Honorable John L. McCraw. Jr.
AFFIDAVIT OF THOMAS M. MICHEL
- ST ATE OF TEXAS
COUNTY OF TARRANT
)
)
On this day Thomas Michel appeared before me, the undersigned notary public, and
on his oath deposed and said:
....
1. My name is Thomas M. Michel. I am over the age of twenty-one (21) and am
fully competent to make this affidavit. I have personal knowledge of the facts
stated herein and that they are true and correct.
... 2. I am appellate counsel on behalf of Relator, Jennifer Cary. On August 27,
2010, the Honorable John L. McCraw, Jr. faxed to my office a copy of the
order signed by Judge Ovard, Presiding Judge of the First Administrative
.... Judicial Region. A true and copy of the fax transmittal sheet and the order are
attached hereto as Exhibit "I."
3. On September 9, 20 I 0, I inspected the notice board at the front entrance of the
Collin County Courthouse. Posted there were a number of assignments signed
by Judge Ovard, the Presiding Judge of the First Administrative Judicial
Region. In my review, I did not find an order of assignment assigning Judge
John L. McCraw, Jr. to the cause below. There was an order assigning the
Honorable John L. McCraw, Jr. to another matter though.
4. Attached to this Affidavit as Exhibit "2" is an example of an order assigning a
former appellate judge to a particular cause of action. This particular order is
signed by Judge Jeff Walker, the Presiding Judge of the Eighth Administrative
Judicial Region.
AFFIDAVIT OF THOMAS 1\1. MICHEL Page t
-
.. 5. Attached to this Affidavit as Exhibit "3" is an example of an order assigning
Judge Ovard, Senior Justice of the Fifth Court of Appeals to hear a particular
,
motion in a particular case.
L
FURTHER AFFIANT SAITH NOT...... d~_,----_---..,;,----__---,-___
Thomas M. Michel
- SUBSCRIBED AND SWORN TO before me on this 1alh day of September, 2010, to
certify which witness my hand and official seal.
.,. Notary Public, State of Texas
KIM D. MILLER
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. Q6.ij5-2013
.,.
....
..
AFFIDAVIT OF THOMAS M. MICHEL Page 2
.. Jobn L. McCraw, Jr .
Senior Justice, 5th Court of Appeals
. Qualified StattdFederal Mediator
708 N. Waddill
McKinney, Texas 75069
oFlllet Alll.lItf.SS DALLAS PHON!!:: (~72) 562-6162
1415 IlMrrouu 51. LOCAL PHONE: (971) s.tl-6162
McKianl:Y, "'C1U 75{)G9 fACSIMILE: (972) !i4IJ.04S4
nOME PHON!;;: (\171) s.tl-1263
-
FACSIMILE TRANSMISSION
PLEASE DELIVER 11IE FOLLOWING PAGES TO:
Via Facsimile: 817-926-2505
Thomas M, Michael
... FROM: John L. McCraw, Jr.
CLIENT/MAITER: Order of Assignment by the Presiding Judge
-
TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: 2
DATE: August 27, 2010
... CQMMENTSi
-
.
..
LZ:89 818Z/SZ/88
,. Z0!'[0 39';;fd ,. •• nl nl n."/,on :l11I11':ll!!n 'i~
THE STATE OF TEXAS
FIRST ADMINISTRATIVE JUDICIAL REGION
ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE
Pursuant to Artlde 74.056. Texas Government Code, I hearby assign the:
Honorable John L. McCraw Jr,.
Senior Justice of The 5th Court Of Appeals
To The 380th Dletrlct Court of Collin County, Texas.
-
This assignment is for the period of 1 days beginning 31912009, providing
that 'the assignment shall continue after the spec/fled period of time as may be
necessary for the assigned Judge to complete trial of any case or cases begun
during this period, and to pass on motions for new trial and all other matters
growing out of cases tried by the Judge herein assigned during this period, or the
undersigned presiding Judge has terminated this assignment in writing, whichever
occurs first.
CONDITION(S) OF ASSIGNMENT [IF ANY]:
To hear Cause No. 360-54606-2003: In the Interest of and
minor children.
.,.. The Clerk Is directed to post a copy of this assignment on the notice board
so that attorneys and parties may be advised of this assignment, In accordance
with the law.
ORDERED this _ _
.,.
n avard, Presiding Judge
First Administrative Judicial Region
ATIeST:
Al3i11'" 20197
.,...
J.£6l~tltl!':tP.:l ~ .lS~I.:I
tlStle-8t1S-lLG Ll:g~ BIBlISll8B
zelle 39\1d .. ,. .. n n .. ,. . " e ,...-1'\1 .--1 "'." I."n('\
~tlill ,~, Dn V\I
-
~~-------------------------------------------------------------------------------
- TRE STA'l'i OF T~
8th ADMINISTRATIVE J"C])ICIAL REGION
ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE
Pursuant to Rule lSa, TeXAs Rule~ of Civil Prooedure, I
assign the Honorable William Brigham, Senior Court of Appeals
Judge t.o the
32Sth District Court, Tarrant County, Texas.
The judge is assigned to preside 1n Cause Number
32S-_.a-99, In the Interest of P . - . from thi ..
date until plenary jurisdiction haa expired or tn~der8igned
Presiding ~dge ha~ t.rminated thi~ a~~ignment in writing,
whiahQver occur. fir_to In addition, whenev.r the aSSigned
..,. judge is present in the councy of assignment for a hearing 1n
~his cauae, the judge 1s also assigned and empowered to hear at
that time any oth~r matters that are pr~8ented for hearing in
.,. OCher cases .
It is prdered that the clerk of the Court to which chis
assignment made, it it 1a reasonable and practicable, and if time
permits, give notiae of this assignment to each attorney
.,.. repregenting a party to a ~ase that is to be heard in whole or
in part by ~he assign.d judge.
rt is further ordered the Clerk, upon receipt
.,..
~hat
hereof, ehal1 post a copy of thi. order in a public areA of the
Clerk'~ office or courthoua8 so t~t attorneys and p~tie. may
be aavisad of this aseignment.
I~~
SIGNED October ~, 2007
.,..
.,.
.,. Admim:
Rule lea, T.R.C.~. (To HQar Cau.e After Reeu.al)
,.
,.
612120109:40 AM SCANNED
THE STATE OF TEXAS
I,. FIRST ADMINISTRATIVE JUDICIAL REGION
ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE
Pursuant to Rule 18a, Texas Rules of Civil Procedure,1 hearby assign the:
Honorable John Ovard ,
.,. Senior Justice of The 5th Court. Of Appeals
To The 401 st District Court of Collin County, Texas .
.,.
This assignment is for the purpose of the assigned judge hearing a Motion
to Recuse as stated in the Conditions of Assignment. This assignment is
effective immediately and shall continue for such time as may be necessary for
the assigned judge to hear and pass on such motion.
CONDITION(S) OF ASSIGNMENT:
Cause No. 401-_-2008: In the Interest of • • • • a child .
.,.
.,. The Clerk is directed to post a copy of this assignment on the notice board
so that attorneys and parties may be advised of this assignment, in accordance
with the law .
.,.
ORDERED this J.{ day of ~~":::_ ' 20/ U
~~t~-"~'
,.,,,--",,,
\.~, Presiding Judge
V"('~ _ .., I
T First Administrative Judicial Region
ATTEST:
Assign# 21268
.
• THE STATE OF TEXAS V. SUZANNE H. WOOTEN
PHYSICAL DESCRIPTION: Race: W Sex: F DOB: 04/23/1968 Height: 5'04" Weight: 135
Count One - Engaging in Organized Criminal Activity - Bribery
I
~
CODE SECTION: TEXAS PENAL CODE § 71.02(a)
L DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 BOND_ _ _ __
Count Two - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
-
I
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
L Count Three - Bribery
..
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
- Count Four - Bribery
-
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
- Count Five - Bribery
-
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
Count Six - Bribery
- CODE SECTION: TEXAS PENAL CODE § 36.02
-
'-
-
~ Count Seven - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
_ Companion Cases: Stacy Stine Cary, James Stephen Spencer, David Cary
L IN THE 3~~ICIAL DISTRJCT COURT OF COLLIN COUNTY, TEXAS
- GRAND JURY INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
- THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,
- impaneled, and sworn as such at the July Term, A.D. 2010, of the 401 st Judicial District
Court for said County, upon their oaths present in and to said Court at said tenn that:
COUNT ONE
- SUZANNE H. WOOTEN
hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
- 20,2009, and before presentment of this indictment, in the County and State aforesaid, with
- intent to establish, maintain, and participate in a combination and in the profits of a
- combination of three or more persons, namely herself, David Cary, Stacy Stine Cary, and
- J ames Stephen Spencer, did commit and conspire to commit the felony offense ofBRlBERY,
a crime under Section 36.02 of the Texas Penal Code, as follows: }:s<':t~~io.g.
>"..,.-""
.~r;;.
\"".I.lil ili /.
.:J/~)~
':l.'\Y~
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~
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2 \~\<£~~~.;""~ •.J
- ~y"./"
\'V"~""
';.,
I.
OJ .._", .... '
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""'" I-",' l' ;.::,,';"'\).. ~/"
"'1"
();
-
L DEFENDANT, fo]Jowing a series of meetings and communications between James Stephen
Spencer and David Cary and Stacy Stine Cary that began on or about September 19,2007,
did intentionally and knowingly solicit, accept and agree to accept from another a benefit,
-
I
which was not a political contribution as defined by Title 15 of the Election Code or
L expenditures made and reported in accordance with Chapter 305 of the Government Code,
- namely one or more or all of the following payments, made through checks signed by Stacy
Stine Cary and wire transfers authorized by Stacy Stine Cary and directed and made payable
to James Stephen Spencer, who at the time of the payments was serving as campaign
manager for DEFENDANT's campaign for nomination and election to the office of Judge
- of the 380th Judicial District Court of Collin County, in the 2008 primary and general
election conducted in Collin County:
- Date of Check
- or Wire Transfer
January 4, 2008
Date of Den os it
January 4, 2008
Amount of Check
$50,000.00
- January 30, 2008 February 4,2008 $25,000.00
"February 14,2008 February 15,2008 $25,000.00
February 26,2008 February 26,2008 $25,000.00
-
,
March 7, 2008 March 7, 2008 $10,000.00
- March 14, 2008 March 14, 2008 $15,000.00
- with the use of said funds benefitting DEFENDANT, as consideration for DEFENDANT's
-
-
-
- and as consideration for DEFENDANT's decision, vote, recommendation, and other
L
exercise of official discretion in a judicial proceeding, to wit: proceeding with a campaign
to unseat the incumbent elected judge of the 380th Judicial District Court; filing paperwork
to run forjudge and filing campaign finance reports; and later presiding asjudge ofthe 380th
L Judicial District Court, including presiding over and issuing favorable rulings in cases
pending in the 380th Judicial District Court, a court in which David Cary and Stacy Stine
Cary were parties to pending cases;
-
and the Grand Jury further presents in and to said Court at said term that:
- COUNT TWO
- SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about January 4, 2008, and before presentment ofthis
- indictment, in the County and State aforesaid, did intentionally and knowingly solicit, accept,
- and agree to accept from another benefits, other than political contributions as defined by
- Title 15 ofthe Election Code or expenditures made and reported in accordance with Chapter
305 of the Government Code, namely a $50,000 wire transfer from Stacy Stine Cary to James
Stephen Spencer, who was at the time of the payment serving as campaign manager for
DEFENDANT's campaign for nomination and election to the office of JUd;~s$?~~:~~""'\,
.;:-~~. "'*"\
- f~:" ...
,"-:,7 . 0=
.~'4}
f
\~' .p\\ ..!;:J,,'"
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4 ....
',.,'.* . " --
..
"' ....J. I-!( : / - .
- Judicial District Court of Collin County, in the 2008 primary and genera) election conducted
in Collin County, with the use of said funds benefitting DEFENDANT, as consideration for
L
DEFENDANT's decision, opinion, recommendation, vote, or other exercise of discretion as
a public servant, and as consideration for DEFENDANT's decision, vote, recommendation,
L and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
-
campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing
paperwork to run for judge and filing campaign finance reports; and later presiding as judge
- of the 380th Judicial District Court, including presiding over and issuing favorable rulings
- in cases pending in. the 380th Judicial District Court, a court in which David Cary and Stacy
- Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
- COUNT THREE
- SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of
- this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,
-
accept, and agree to accept from another benefits, other than political contributions as
defined by Title 15 of the Election Code or expenditures made and reported in accordance
... with Chapter 305 ofthe Government Code, namely a $25,000 check from Stac:r'~}~}
,,\\\\ ~\J 10':)
,\\\\\ltlIIIIIIII
1111///
5 '~i'- . ~.r~.·~/
<·. ..*..... .
- ).~.~'
'. ........1. tin"" ....'," ",
('I')
. .....
-
" "
and payable to James Stephen Spencer, who at the time of the payment was serving as
campaign manager for DEFENDANT's campaign for nomination and election to the office
of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and
L general election conducted in Collin County, with the use of said funds benefitting
DEFENDANT, as consideration for DEFENDANT's decision, opinion, recommendation,
- vote, or other exercise of discretion as a public servant, and as consideration for
DEFENDANT's decision, vote, recommendation, and other exercise of official discretion
- in ajudicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
- judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
- campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,
...
,
including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial
District Court, a court in which David Cary and Stacy Stine Cary were parties to pending
- cases;
- and the Grand Jury further presents in and to said Court at said term that:
- COUNT FOUR
- SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about February 14,2008, and before presentment of
",,\\\\~\\'.9..?!O """"
\\\\\\,,11111"" 1/11/
this indictment, in the County and State aforesaid, did intentionally and knowi~)6"li 't, ii"-=:.
6 (!r/ ·i,
~'"
'""t ·"1"8(-\ o?",,""
. i/
"/ t. II , I JI' , 1\ 11 • ~ ~.,
... accept, and agree to accept from another benefits, other than political contributions as
defined by Title 15 of the Election Code or expenditures made and reported in accordance
with Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary
and payable to James Stephen Spencer, who at the time of the payment was serving as
campaign manager for DEFENDANT's campaign for nomination and election to the office
of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and
general election conducted in Collin County, with the use of said funds benefitting
DEFENDANT, as consideration for DEFENDANT's decision, opinion, recommendation,
- vote, or other exercise of discretion as a public servant, and as consideration for
- DEFENDANT's decision, vote, recommendation, and other exercise of official discretion
in ajudicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
campaign finance reports; and later presiding as judge of the 380th Judicial District Court,
- including presiding over and issuing favorable rulings in cases pending in the 380th Judicial
District Court, a court in which David Cary and Stacy Stine Cary were parties to pending
cases;
-
- and the Grand Jury further presents in and to said Court at said tenn that:
-
-
-
7
-
...
I
COUNT FIVE
- SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,
- accept, and agree to accept from another benefits, other than political contributions as
defined by Title 15 of the Election Code or expenditures made and reported in accordance
with Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine
Cary to James Stephen Spencer, who was at the time of the payment serving as campaign
manager for DEFENDANT's campaign for nomination and election to the office of Judge
of the 380th Judicial District Court of Collin County, in the 2008 primary and general
- election conducted in Collin County, with the use of said funds benefitting DEFENDANT,
as consideration for DEFENDANT's decision, opinion, recommendation, vote, or other
-
exercise of discretion as a public servant, and as consideration for DEFENDANT's decision,
vote, recommendation, and other exercise of official discretion in a judicial proceeding, to
_ wit: proceeding with a campaign to unseat the incumbent elected judge ofthe 380th Judicial
District Court; filing paperwork to run for judge and filing campaign finance reports; and
-
later presiding as judge of the 380th Judicial District Court, including presiding over and
issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in
- which David Cary and Stacy Stine Cary were parties to pending cases;
8
-
-
!.- and the Grand Jury further presents in and to said Court at said tenn that:
- COUNT SIX
SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment ofthis
- indictment, in the County and State aforesaid, did intentionally and knowingly solicit, accept,
-
and agree to accept from another benefits, other than political contributions as defined by
Title 15 of the Election Code or expenditures made and reported in accordance with Chapter
- 305 ofthe Government Code, namely a $1 0,000 wire transfer from Stacy Stine Cary to James
Stephen Spencer, who was at the time of the payment serving as campaign manager for
DEFENDANT's campaign for nomination and election to the office of Judge of the 380th
Judicial District Court of Collin County, in the 2008 primary and general election conducted
....
in Collin County, with the use of said funds benefitting DEFENDANT, as consideration for
DEFENDANT's decision, opinion, recommendation, Yote, or other exercise of discretion as
- a public servant, and as consideration for DEFENDANT's decision, Yote, recommendation,
and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing
- paperwork to run for judge and filing campaign finance reports; and later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing fayora~~~\ruLiJ),gs
_,;..-'~\\}.9..J..~() ""'1'111
in cases pending in the 380th Judicial District Court, a court in which DaYid:gify·~~.Stac£;t '\
- 9 , - ' ~iJ ~~ ! J]ff
'~i I 'i:--;}' \~.%
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- .~<
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~
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....
,; "
..'
,--"
-
I- Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
COUNT SEVEN
SUZANNE H. WOOTEN
- hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,
- accept, and agree to accept from another benefits, other than political contributions as
- defined by Title 15 of the Election Code or expenditures made and reported in accordance
with Chapter 305 of the Government Code, namely a $15,000 wire transfer from Stacy Stine
Cary to James Stephen Spencer, who was at the time of the payment serving as campaign
- manager for DEFENDANT's campaign for nomination and election to the office of Judge
of the 380th Judicial District Court of Collin County, in the 2008 primary and general
- election conducted in Collin County, with the use of said funds benefitting DEFENDANT,
as consideration Jor DEFENDANT's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for DEFENDANT's decision,
vote, recommendation, and other exercise of official discretion in a judicial proceeding, to
- wit: proceeding with a campaign to unseat the incumbent elected judge of the 380th J~~iG~t'll
. . . . . . _. '.
. :\\\lOJ_, :10'11111. .,. .
','t~
District Court; filing paperwork to run for judge and filing campaign finance rep'tirls; ~n. d ". ~. /1,\
.'
. 11l\~ ()~
4~ _ ".-:.
~ '<'::~y)~~'$}
-
1 0 -
... r"\:::
Jt' .. ' ~.I::-:::
~
~ . it! (\0;,"""
'. "Inl' : _,\1 1 \ \ \ '
-
- later presiding as judge of the 380th Judicial District Court, including presiding over and
- issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in
-
which David Cary and Stacy Stine Cary were parties to pending cases;
AGAINST THE I)EACE AND DIGNITY OF THE STATE.
-
-
Witnesses:
Glenda Anderson
lames P. Bailey
- Kyle Basinger
lohn Beasley
- Alma Benavides
Charity Borserine
-
-.
Amy Cabala
Karen Callihan
David Cary
Stacy Stine Cary
- Alexis Katz Caughey
George Henry Clements
, -4
!t-:..-•• !!:l : ___ :.
Gavin Cone : t· #
-
Darlina Crowder
~ -, [,. ~ " r- ",
I ..' _. I i . . , •.
-
! "
II
..
-
- Daniel Dodd
Michael Finley
... Kersten Alexander Hayes
William D. Johnson
i.oo Wendy Lee "Kelly
Paul Dennis Key
David Marion Kleckner
Tim Lambert
Brian Loughmiller
-. James Mosser
Kimberlee Perkins
Michael Puhl
James Stephen Spencer
Kyle Swihart
Edward Lawson Valentine IV
... Karl Voightsberger
-
-
-
•
i
12
-
..
J
,-,
..
.. I
..
,
-
- THE STATE OF TEXAS V. DAVID CARY CAUSE #~(P-<gX2\ \- \ b
.. PHYSICAL DESCRIPTION: Race W Sex: M DOB: 06120/1955 Height: 6'02" Weight: 240
- Count One - Engaging in Organized Criminal Activity - Bribery
CODE SECTION: TEXAS PENAL CODE § 71.02(a)
• DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 BOND_ _ _ __
"- Count Two - Bribery
. CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
Count Three - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
-- Count Four - Bribery
- CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
-
Count Five - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
- DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
-
Count Six - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
•
_ Count Seven - Bribery
.. CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
- Companion Cases: Stacy Stine Cary, James Stephen Spencer, Suzanne H. Wooten
.. IN THE~UDICIAL DISTR1CT COURT OF COLLIN COUNTY, TEXAS
-
GRAND JURY INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
-
THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,
impaneled, and sworn as such at the July Tenn, A.D. 20 I 0, of the 40 I st Judicial District
'- Court for said County, upon their oaths present in and to said Court at said term that:
COUNT ONE
- DAVID CARY
hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
-
20,2009, and before presentment of this indictment, in the County and State aforesaid, with
intent to establish, maintain, and participate in a combination and in the profits of a
- combination of three or more persons, namely himself, his wife Stacy Stine Cary, James
-
-
-
-
- offense ofBRlBERY, a crime under Section 36.02 of the Texas Penal Code, as follows:
.. DEFENDANT, following a series of meetings and communications between DEFENDANT
and James Stephen Spencer and Stacy Stine Cary that began on or about September 19,2007,
- did intentionally and knowingly offer, confer, and agree to confer on another a benefit, which
was not a political contribution as defined by Title 15 of the Election Code or expenditures
- made and reported in accordance with Chapter 305 of the Government Code, namely one or
more or all of the following payments, made through checks signed by Stacy Stine Cary and
wire transfers authorized by Stacy Stine Cary and directed and made payable to James
Stephen Spencer, who at the time of the payments was serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
- 380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County:
- Date of Check
-
or Wire Transfer Date of Del]osit Amount of Check
January 4, 2008 January 4,2008 $50,000.00
- January 30,2008 February 4, 2008 $25,000.00
February 14, 2008 February 15, 2008 $25,000.00
February 26,2008 February 26,2008 $25,000.00
- March 7, 2008 March 7, 2008 $10,000.00
March 14, 2008 March 14, 2008 $15,000.00
- 3
-
- with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H.
- Wooten's decision, opinion, recommendation, vote, or other exercise of discretion as a public
-
servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and
-
other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing
- paperwork to run for judge and filing campaign finance reports; and later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing favorable rulings
in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and his
wife Stacy Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
- COUNT TWO
• DAVID CARY
- hereinafter styled DEFENDANT, on or aboutJanuary 4,2008, and before presentment of this
... indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
-
and agree to confer on another benefits, other than political contributions as defined by Title
15 ofthe Election Code or expenditures made and reported in accordance with Chapter 305
,I·"I'I' lIt 'lll
I
~ ,"""0\CT C'O"'I".
of the Government Code, namely a $50,000 wire transfer from Stacy Stine caf~~\
- 4 -
t:?
.
/3'3'~"-
~~/ 'CI)}
'/
'"'~ " " 0/
-'(\ ~.::
".0,"" """ ~"
","":: / / I r O"""lI"\~~"\ "",
"./, '/ IJ \,\\,,,, ..
-
, I I " ~ I 111 " \ ,
-
Stephen Spencer, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
-
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
- consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
- COUNT THREE
... DAVID CARY
- hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions .,~{l§~h~ACO~.A
- 5 .\_~T\*,
(*i/~:~_~
-
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-
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-
- by Title 15 of the Election Code or expenditures made and reported in accordance with
- Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and
payable to James Stephen Spencer, who at the time of the payment was serving as campaign
- manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
- election conducted in Collin County, with the use of said funds benefitting Suzanne H.
- Wooten, as consideration for SuzanneH. Wooten's decision, opinion, recommendation, vote,
or other exercise of discretion as a public sen'ant, and as consideration for Suzanne H.
- Wooten's decision, vote, recommendation, and other exercise of official discretion in a
.. judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
- judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
-
campaign finance reports; and later presiding as judge ofthe 380th Judicial District Court,
including presiding over and issuing favorable rulings in cases pending in the 380th Judicial
- District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties
- to pending cases;
and the Grand Jury further presents in and to said Court at said term that:
- 6
-
-
- COUNT FOUR
- DAVID CARY
hereinafter styled DEFENDANT, on or about February 14,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
- confer, and agree to confer on another benefits, other than political contributions as defined
- by Title 15 of the Election Code or expenditures made and reported in accordance with
- Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and
payable to James Stephen Spencer, who at the time of the payment was serving as campaign
-
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
- election conducted in Collin County, with the use of said funds benefitting Suzanne H.
-
Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,
or other exercise of discretion as a public servant, and as consideration for Suzanne H.
- Wooten's decision, vote, recommendation, and other exercise of official discretion in a
judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
-
campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,
including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial
- District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were ~~\c T
",11 1 111'""~/1
c;§C-9\
.
-
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-
-
-
to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
- COUNT FIVE
- DAVID CARY
-
,
hereinafter styled DEFENDANT, on or about February 26,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
-
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine Cary
.-
to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager
-
for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
- conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
-
-
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge o~\~~"",,,,,
\,\ \CT
CO'III;,
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-
3 80th Judicial District Court; filing paperwork to run for judge and filing campaign finance
- reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;
-
- and the Grand Jury further presents in and to said Court at said term that:
COUNT SIX
DAVID CARY
- hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this
- indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
and agree to confer on another benefits, other than political contributions as defined by Title
-
-
15 of the Election Code or expenditures made and reported in accordance with Chapter 305
of the Government Code, namely a $10,000 wire transfer from Stacy Stine Cary to James
- Stephen Spencer, who was at the time of the payment serving as campaign manager for
- Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
-
-
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
-
-
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
- decision, vote, recommendation, and other exercise of official discretion in a judicial
-
proceeding, to wit: proceeding with a campaign to unseat the incumbent electedjudge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
- reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
-
court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said term that:
-
-
COUNT SEVEN
DAVID CARY
-
hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
- confer, and agree to confer on another benefits, other than political contributions as defined
-
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from Stacy Stine Cary
to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager
- for Suzanne H. Wooten's campaign for nomination and elf,!ction to the office of Judg@rtf;tftellllll
""",~\ ~\c
0-
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-
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- -
-
:- 380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
- decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent eJected judge ofthe
-
3 80th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding
- over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
"- court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;
AGAINST THE PEACE AND DIGNITY OF THE STATE.
'-
-
FOREMAN OF THE G
-
-
Witnesses:
Glenda Anderson
James P. Bailey
-- Kyle Basinger
- 11
-
-
- John Beasley
Alma Benavides
Charity Borserine
-
Amy Cabala
Karen Callihan
David Cary
Stacy Stine Cary
-
Alexis Katz Caughey
George Henry Clements
Gavin Cone
Darlina Crowder
- Daniel Dodd
-
Michael Finley
.
Kersten Alexander Hayes
William D. Johnson
I
Wendy Lee Kelly
Paul Dennis Key
David Marion Kleckner
Tim Lambert
Brian Loughmiller
-
James Mosser
Kimberlee Perkins
Michael Puhl
James Stephen Spencer
- Kyle Swihart
Edward Lawson Valentine IV
-
I Karl Voightsberger
ob lC1.:;T V;·i:...'·:.') i,. :k,~J VJl
I ~/~::! ;' ~. I :IT;.n
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-
-
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-
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-
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-
-
-
-
•• THE STATE OF TEXAS V. STACY STINE CARY
- CAUSE # 3GCo-22?-.lA -ID
PHYSICAL DESCRIPTION: Race W Sex: F DOB: 0911111958 Height: 5'07" Weight: 150
- Count One - Engaging in Organized Criminal Activity - Bribery
- CODE SECTION: TEXAS PENAL CODE § 71.02(a)
DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 BOND_ _ _ __
Count Two - Bribery
'_ CODE SECTION: TEXAS PENAL CODE § 36.02
-
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
-
Count Three - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
- DEGREE OF FELONY: SECOND OFFENSE CODE 51990018
Count Four - Bribery
BOND_ _ _ __
- CODE SECTION: TEXAS PENAL CODE § 36.02
- DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND- - - - - -
.- Count Five - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
- DEGREE OF FELONY: SECOND OFFENSE CODE 5] 990018 BOND_ _ _ __
- Count Six - Bribery
-
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _-----:~'-'
-
-
-
- Count Seven - Bribery
- CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ _ __
- Companion Cases: David Cary, James Stephen Spencer, Suzanne H. Wooten
- IN THE~~ICIAL DISTRICT COURT OF COLLIN COUNTY, TEXAS
GRAND JURY INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF TI-ffi STATE OF TEXAS:
THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,
impaneled, and sworn as such at the July Tenn, A.D. 2010, of the 401 st Judicial District
Court for said County, upon their oaths present in and to said Court at said tenn that:
COUNT ONE
STACY STINE CARY
- hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
- 20,2009, and before presentment of this indictment, in the County and State aforesaid, with
intent to establish, maintain, and participate in a combination and in the profits of a
- combination of three or more persons, namely herself, her husband David Cary, James
- Stephen Spencer, and Suzanne H. Wooten, did commit and conspire to commit the X~too¥r~"""",
,"'\.S\ Rl l, r e"'",
" Q . . 0"
- offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, asf~l <ws: "
=-
~o:
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.~
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1 /1111 ,111111'\\\\\
-
DEFENDANT, following a series of meetings and communications between DEFENDANT,
- James Stephen Spencer, and David Cary that began on or about September 19,2007, did
intentionally and knowingly offer, confer, and agree to confer on another a benefit, which
was not a political contribution as defined by Title 15 of the Election Code or expenditures
- made and reported in accordance with Chapter 305 of the Government Code, namely one or
more or all of the following payments, made through checks signed by DEFENDANT and
'- wire transfers authorized by DEFENDANT and directed and made payable to James Stephen
-
Spencer, who at the time of the payments was serving as campaign manager for Suzanne H.
Wooten's campaign for nomination and election to the office of Judge ofthe 380th Judicial
- District Court of Collin County, in the 2008 primary and general election conducted in Collin
- County:
Date of Check
or Wire Transfer Date ofDe2osit Amount of Check
January 4, 2008 January 4, 2008 $50,000.00
January 30, 2008 February 4, 2008 $25,000.00
- February 14,2008 February 15,2008 $25,000.00
- February 26,2008
March 7, 2008
February 26,2008
March 7, 2008
$25,000.00
$10,000.00
- March 14,2008 March 14, 2008 $15,000.00
- with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzann..~..lj:""·.", ..,
"",~'\ t'. Ie r e"""
.' ~--:; 0"
'- Wooten's decision, opinion, recommendation, vote, or other exercise of discretion ~ ~Ji<:!!
: ~" r;,
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- servant, and as consideration for Suzanne H. Wooten '5 decision, vote, recommendation, and
'- other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing
paperwork to run for judge and filing campaign finance reports; and later presiding as judge
- of the 380th Judicial District Court, including presiding over and issuing favorable rulings
in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and he
- husband David Cary were parties to pending cases;
and the Grand Jury further presents in and to said Court at said tenn that:
-
COUNT TWO
STACY STINE CARY
- hereinafter styled DEFENDANT, on or about January 4, 2008, and before presentment of this
-
indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
and agree to confer on another benefits, other than political contributions as defined by Title
- 15 of the Election Code or expenditures made and reported in accordance with Chapter 305
of the Government Code, namely a $50,000 wire transfer from DEFENDANT to James
- Stephen Spencer, who was at the time of the payment serving as campaign manager for
L
- 380th Judicial District Court of Collin County, in the 2008 primary and general election
L conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
-
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
- 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
- court in which DEFENDANT and her husband David Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said tenn that:
-
COUNT THREE
-
-
STACY STINE CARY
hereinafter styled DEFENDANT, on or about January 30,2008, and before presentment of
- this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
- confer, and agree to confer on another benefits, other than political contributions as defined
- by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 of the Government Code, namely a $25,000 check from DEFENDt-\N'fand . '.
.'*'
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payable to James Stephen Spencer, who at the time of the payment was serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
election conducted in Collin County, with the use of said funds benefitting Suzanne H.
- Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,
or other exercise of discretion as a public servant, and as consideration for Suzanne H.
- Wooten's decision, vote, recommendation, and other exercise of official discretion in a
judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
- campaign finance reports; and later presiding as judge of the 3 80th Judicial District Court,
'- including presiding over and issuing favorable rulings in cases pending in the 380th Judicial
District Court, a court in which DEFENDANT and her husband David Cary were parties to
- pending cases;
and the Grand Jury further presents in and to said Court at said term that:
-
-
COUNT FOUR
STACY STINE CARY
- \\\UII"III/
hereinafter styled DEFENDANT, on or about February 14,2008, and before prese~;~t1)fr.?2;~~:,-:.
-
~ " " A,'
this indictment, in the County and State aforesaid, did intentionally and knowiI~:{'" :~
6
-
- confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 of the Government Code, namely a $25,000 check from DEFENDANT and
-
-
payable to James Stephen Spencer, who at the time ofthe payment was serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
- election conducted in Collin County, with the use of said funds benefitting Suzanne H.
-
Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,
or other exercise of discretion as a public servant, and as consideration for Suzanne H.
- Wooten's decision, vote, recommendation, and other exercise of official discretion in a
judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,
- including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial
- District Court, a court in which DEFENDANT and her husband David Cary were parties to
pending cases;
-
- and the Grand Jury further presents in and to said Court at said term that:
7
-
....
I
COUNT FIVE
STACY STINE CARY
hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of
- this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
- Chapter 305 of the Government Code, namely a $25,000 wire transfer from DEFENDANT
to James Stephen Spencer, who was at the time of the payment serving as campaign manager
-
for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
- consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
- proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
- 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
-
-
-
-
L and the Grand Jury further presents in and to said Court at said term that:
COUNT SIX
- STACY STINE CARY
- hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this
indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
- and agree to confer on another benefits, other than political contributions as defined by Title
15 of the Election Code or expenditures made and reported in accordance with Chapter 305
- of the Government Code, namely a $10,000 wire transfer from DEFENDANT to James
- Stephen Spencer, who was at the time of the payment serving as campaign manager for
... ' Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
-
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
- 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
- reports; and later presiding as judge of the 380th Judicial District Court, including presi~Jpg~"""""1111
U"'"
"",<\\\'.lJ TC!O
over and issuing favorable rulings in cases pending in the 380th Judicial District/1o'iirt, a '.:9~\
t**~-
- 9
-
court in which DEFENDANT and her husband David Cary were parties to pending cases;
L and the Grand Jury further presents in and to said Court at said tenn that:
COUNT SEVEN
L STACY STINE CARY
hereinafter styled DEFENDANT, on or about March 14,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
-
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from DEFENDANT
to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager
-
for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
- consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
- proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of~.tl~';,~,:,~;T"2o>",
,,",' '\. \ . ""'" v -9""
-
,,' -:"J " /,',;-
380th Judicial District Court; filing paperwork to run for judge and filing campai~ fT*flnte .. . ",~
10
-
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which DEFENDANT and her husband David Cary were parties to pending cases;
AGAINST THE PEACE AND DIGNITY OF THE STATE•
..
- Witnesses:
- Glenda Anderson
James P. Bailey
Kyle Basinger
John Beasley
- Alma Benavides
-
Charity Borserine
Amy Cabala
Karen Callihan
- David Cary
-
Stacy Stine Cary
Alexis Katz Caughey
-
I
George Henry Clements
Gavin Cone
Darlina Crowder
-
11
-
Daniel Dodd
Michael Finley
Kersten Alexander Hayes
-
William D. Johnson
Wendy Lee Kelly
- Paul Dennis Key
David Marion Kleckner
- Tim Lambert
-
Brian Loughmiller
James Mosser
Kimberlee Perkins
~ Michael Puhl
_.
James Stephen Spencer
Kyle Swihart
Edward Lawson Valentine IV
- Karl Voightsberger
-
-
.... " I,
j .j ~:." '; ....... -':::!..
....:". '. .' ~ ... ~- ,-:- ."~&::.. )'J n::.:....:J:
(I __ :_ '. ~,_~il:
-
12
-
..
..
...
..
..
- I
-'
I
~
THE STATE OF TEXAS V. JAMES STEPHEN SPENCER
CAUSE #3ler.e-g'J---l \5 r )D
PHYS1CAL DESCRIPTION: Race: W Sex: M DOB: 1110911967 Height: 6'02 Weight: 230
Count One - Engaging in Organized Criminal Activity - Bribery
CODE SECTION: TEXAS PENAL CODE § 71.02(a)
DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 BOND_ _ _ __
Count Two - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
. DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __
Count Three - Bribery
...
CODE SECTION: TEXAS PENAL CODE § 36.02
- DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8 BOND_ _ _ __
Count Four - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
-
DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8 BOND_ _ _ __
Count Five - Bribery
-
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8 BOND_ _ _ __
Count Six - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
I
~
-
1
Count Seven - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 5] 990018 BOND_ _ _ __
Companion Cases: Stacy Stine Cary, David Cary, Suzanne H. Wooten
- IN THE3fe~ICIAL DISTRICT COURT OF COLLIN COUNTY, TEXAS
GRAND JURy INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,
- impaneled, and sworn as such at the July Term, A.D. 2010, of the 401st Judicial District
Court for said County, upon their oaths present in and to said Court at said term that:
- COUNT ONE
JAMES STEPHEN SPENCER
hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
20,2009, and before presentment ofthis indictment, in the County and State aforesaid, with
intent to establish, maintain, and participate in a combination and in the profits of a
combination of three or more persons, namely himself, Stacy Stine Cary, David Cary, and
a crime under Section 36.02 ofthe Texas Penal Code, as follows:
2
-
DEFENDANT, following a series ofmeetings and communications between DEFENDANT,
David Cary, and Stacy Stine Cary that began on or about September ] 9, 2007, did
-
intentionalJy and knowingly offer, confer, and agree to confer on another a benefit, which
was not a political contribution as defined by Title 15 of the Election Code or expenditures
made and reported in accordance with Chapter 305 of the Government Code, namely one or
- more or all ofthe following payments, made through checks signed by Stacy Stine Cary and
wire transfers authorized by Stacy Stine Cary and directed and made payable to
DEFENDANT, who at the time of the payments was serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
... 380th Judicial District Court. of Collin County, in the 2008 primary and general election
conducted in Collin County:
Date of Check
- or Wire Transfer Date of Deposit Amount of Check
-
January 4, 2008 January 4, 2008 $50,000.00
January 30, 2008 February 4,2008 $25,000.00
February 14,2008 February 15,2008 $25,000.00
February 26,2008 February 26, 2008 $25,000.00
March 7, 2008 March 7, 2008 $10,000.00
March 14, 2008 March 14, 2008 $15,000.00
...
,
-
-
-
Wooten's decision, opinion, recommendation, vote, or other exercise of discretion as a public
- servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and
other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing
- paperwork to run for judge and filing campaign finance reports; and later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing favorable rulings
- in cases pending in the 380th Judicial District Court, a court in which David Cary and Stacy
Stine Cary were parties to pending cases;
..
;~ and the Grand Jury further presents in and to said Court at said tenn that:
COUNT TWO
JAMES STEPHEN SPENCER
- hereinafter styled DEFENDANT, on or aboutJ anuary 4, 2008, and before presentment ofthis
indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
- and agree to confer on another benefits, other than political contributions as defined by Title
15 ofthe Election Code or expenditures made and reported in accordance with Chapter 305
of the Government Code, namely a $50,000 wire transfer from Stacy Stine Cary to
-
-
•
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
,. 380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
l
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
- court in which David Cary and Stacy Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said tenn that:
COUNT THREE
- JAMES STEPHEN SPENCER
hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
- confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accorda~~~fuT'??0~'",
- 1*/· . ;~-
} r . : ; / l/-~
:: ;
\:S... . .~~
,
- . .' C/J§
5
··,,'-0;···... ,,' . ~~,/
"/{~ I,V C;6·G~\'\"""
JIIIII".IIlU\\l\\\\\
i
I.
Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and
..
I payable to DEFENDANT, who at the time of the payment was serving as campaign manager
L for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
...
I
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
• 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
- reports; and later presiding as judge of the 380th Judicial District Court, including presiding
-
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which David Cary and Stacy Stine Cary were parties to pending cases;
- and the Grand Jury further presents in and to said Court at said tenn that:
- COUNT FOUR
-
-
JAMES STEPHEN SPENCER
hereinafter styled DEFENDANT, on or about February 14,2008, and before presentmen~,~L,,,
,\~" T 1/"
","'0,\ C. CO. /"-'»'"
...
1"
" '\ "\' . .. ". {J
this indictment, in the County and State aforesaid, did intentionally and knowi~lY.offi " ~\
- .
~~,
.*-~
-
.
6 U)~
;;1
\'?~'" ' 1 " . , , ' .~«;.;
-:;. (
'~,:.S' ;-/1;:'00X~"""f
'111111;l;JI~I'lI\\\\'\\'"
-
-- confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and
payable to DEFENDANT, who at the time of the payment was serving as campaign manager
for SuzanneH. Wooten's campaign for nomination and election to the office ofJudge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
- conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
..
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
- proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
-
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
-
reports; and later presiding as judge ofthe 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which David Cary and Stacy Stine Cary were parties to pending cases;
••
and the Grand Jury further presents in and to said Court at said term that:
-
..
7
'".
...
COUNT FIVE
JAMES STEPHEN SPENCER
hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
...,. Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine Cary
to DEFENDANT, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
- consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
• decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge ofthe
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
-
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which David Cary and Stacy Stine Cary were parties to pending cases;
.- 8
- and the Grand Jury further presents in and to said Court at said tenn that:
- COUNT SIX
JAMES STEPHEN SPENCER
hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this
- indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
and agree to confer on another benefits, other than political contributions as defined by Title
15 of the Election Code or expenditures made and reported in accordance with Chapter 305
of the Government Code, namely a $ 10,000 wire transfer from Stacy Stine Cary to
DEFENDANT, who was at the time of the payment serving as campaign manager for
- Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
'-
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
- exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
-
•
proceeding, to wit: proceeding with a campaign to unseat the incumbent electedjudge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Court, including presidwg
"","'\ ?'\C T.:p0""",
,\' \ ~, 11/" II,
over and issuing favorable rulings in cases pending in the 380th Judicial Distri~Urt,'v~
f*/··./;
-
:: ~ ~
9
-
-
- court in which David Cary and Stacy Stine Cary were parties to pending cases;
-
and the Grand Jury further presents in and to said Court at said term that:
COUNT SEVEN
JAMES STEPHEN SPENCER
- hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of
-
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
- Chapter 305 of the Government Code, namely a S15,000 wire transfer from Stacy Stine Cary
to DEFENDANT, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
- conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
- consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
- decision, vote, recommendation, and other exercise of official discretion in a judicial
-
-
reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
-
court in which David Cary and Stacy Stine Cary were parties to pending cases;
- AGAINST THE PEACE AND DIGNITY OF THE STATE.
.. Witnesses:
- Glenda Anderson
James P. Bailey
Kyle Basinger
John Beasley
Alma Benavides
Charity Borserine
- Amy Cabala
Karen Callihan
- David Cary
-
Stacy Stine Cary
..
Alexis Katz Caughey
I
George Henry Clements
Gavin Cone
Darlina Crowder
- 11
,
I
~
~ Daniel Dodd
Michael Finley
~
Kersten Alexander Hayes
... William D. Johnson
.
Wendy Lee Kelly
Paul Dennis Key
David Marion Kleckner
... Tim Lambert
Brian Loughmiller
James Mosser
KimberIee Perkins
- Michael Puhl
James Stephen Spencer
~ Kyle Swihart
Edward Lawson Valentine IV
Karl Voightsberger
-
l.
o~ ,lr/:T'r~,L'):) ':::;~JJv..'! tr'JO.
'((i,:j 1,_~~~'; ;1.,:': i'" "
~~: ::-' '.':,~~; ~ ~.'.
';c") I?r:I2!'.J ·,n: '. . ,., .. ~ ... ; ,c ....•,'"' :
··-.r "': :I.:..~ •
(.~:!; .~.J) tJ!.f' -,- '..;~ !_:-~ t "'.-
• '•• _____ ~J ~
'{T:JQ30 _-_ ...- - - - - - - - - - ._. 12
...
I
•
-
•
-
-
....
..
-
- John L. McCraw, Jr.
Senior Justice, 5tb Court of Appeals
- Qualified StatelFederal Mediator
708 N. Waddill
McKinney, Texas 75069
OFFICE ADDRESS DALLAS PHONE: (972) S62-6262
141S HARROUN ST. LOCAL PHONE: (972) S42-6262
McKINNEY, TEXAS 75070 FACSIMILE: (972) S48-C454
•
nOME PHONE: (972) 542-1263
November 17,2010
- Honorable John Ovard, Presiding Judge Brian L. Webb, Esq.
-
First Administrative Judicial Region The Webb Family Law Finn
133 N. Industrial Blvd., LB 50 325 N. St. Paul, Suite 4450
Dallas, Texas 75207 Dallas, Texas 75201
William F. Neal, Esq. Thomas M. Michel, Esq.
Attorney at Law Griffin, Jay & Michel
-
401 East Corporate Drive, No. 200 2200 Forest Park Blvd.
Lewisville, Texas 75075 Fort Worth, Texas 76110
Re: Cause No. 380-54606-03; In the Interest o/C.HC. and S.Me. Children
- 380th Judicial District Court, Collin County, Texas
Gentleman:
Enclosed you will find a copy of an Order of Recusal, which I have filed this date in the
above-referenced action.
Please recall that in March 2009, I was appointed as a visiting judge to hear and rule upon the
sanctions issue returned to the 380th District Court by the Court of Appeals. Thereafter, I conducted
- several hearings and ruled that because a mandamus is directed against the actions of the present
sitting judge, a de novo hearing would be proper. The previous sanctions were set aside and a de
nova hearing was offered. My ruling was appealed, but no request was made for a de nova hearing.
After the sanctions ruling, it was brought to my attention that a Motion to Modify was also
- pending at the time of my appointment. Numerous hearings were held and the case was set for a jury
trial. Before the jury trial, there was a hearing asking that the children's school be changed to Fort
Worth. I denied the requested school change and specially set the case for jury trial on February 1,
2010, hearing the mid-semester of the children's school. This jury trial setting was continued by
agreement to February 8, 2010.
... Shortly before the scheduled February 8th jury trial, the parties agreed to mediate. The
Honorable Linda Thomas conducted the mediation and a Mediated Settlement Agreement was filed
-
-
NOV .j iJ ZOW
Honorable John Ovard, Presiding Judge
Brian L. Webb, Esq.
William F. Neal, Esq.
Thomas M. Michel, Esq.
November 17, 2010
Page 2
-
and adopted. On February 9, 2010, I was informed that all jury issues had been resolved and ajury
trial was not required.
After additional hearings were held and evidence heard, I sent a ruling on May 7, 2010 to
counsel and filed same with the District Clerk. On May 14,2010, the Respondent filed a Motion to
Vacate the Mediated Settlement agreement. This motion was denied and on August 3, 2010, the
- Final Judgment was signed and entered.
A Findings of Fact was requested and on August 16, 2010, a fact finding was filed and a
Motion for New Trial denied. All rulings were made on or before August 16, 2010, after which a
filing of a Notice of Appeal ended the case at the trial level.
- On October 14,2010, a criminal indictment was returned against one of the parties. It was on
that date I first became aware of my son-in-Iaw's criminal defense representation for that party.
- As a part of the May 7, 2010 Judgment, I ruled that if requested a review hearing would be
held in December 2010 after the children's fall school term had ended. As my son-in-law is the
criminal defense attorney for one of the parties in a criminal case, it is my belief that another judge
should conduct any future requested hearings in this case.
Sincerely,
-/-~(,w~.
cCraw, Jr.
JLMlae
Enclosure
cc: Hanna Kunkle, District Clerk
Collin County Courthouse
2100 Bloomdale Road, Suite 10353
McKinney, Texas 75071
-
-
- No. 380-54606-03
- IN THE INTEREST §
§
IN THE DISTRICT COURT
- OF
C.H.C. AND S.M.C. CHILDREN
§
§
§
380TII JUDICIAL DISTRICT
COLLIN COUNTY, TEXAS
- ORDER OF RECUSAL
On the Court's own motion, I respectfully recuse myseJ f and request that the Presiding
-
Judge of the First Administrative Region assign ajudge to hear the above case, pursuant to the
provisions of Rule 18a T.R.C.P.
'dl':
ORDERED this ~ day of November, 2010.
-
-
-
'-
lOt .'
CAUSE NO. 05-10-01071-CV
IN THE COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
IN RE JENNIFER CARY, Relator
I
II.
Original proceeding from the
38(jh Judicial District Court, Collin County, Texas,
Cause No. 380-54606-03,' the Honorable John L. McCraw, Jr.
- REAL PARTY IN INTEREST'S RESPONSE TO
PETITION FOR WRIT OF MANDAMUS
AND EMERGENCY MOTION FOR STAY
-
AND REAL PARTY IN INTEREST'S MOTION FOR SANCTIONS
-
Julia F. Pendery, Attorney at Law
State Bar No. 15744050
'-
3030 LBJ Fwy, Suite 1630, LB 50
Dallas, TX 75234
972-243-1999 Telephone
972-243-8999 Fax
ATfORNEY FOR
".- DAVID FREDERICK CARY
- REAL PARTY IN INTEREST
-
-
-
David F. Cary ("Father"), Real Party in Interest in the above-styled
proceeding, responds to Relator's Petition for Writ of Mandamus and
L Emergency Motion for Stay and moves this Court to sanction Relator for
tiling a frivolous petition and motion as follows:
L I.
Procedural Background
On August 25, 20 I 0, Relator, Jennifer Cary ("Mother"), by and
- through her attorney, Thomas M. Michel, filed a Petition for Writ of
Mandamus and an Emergency Motion for Stay from a post-divorce motion
for modification of child support and possession decided in the 380 th District
-.
Court of Collin County, Texas on August 3, 2010. The Honorable John L.
'- McCraw, Jr., who had conducted many hearings and several days of trial
- following remand of a previous appeal in this case, is the respondent.
In the prior appeal, No. 05-07-01289-CV, this Court remanded a
- proceeding that had consolidated Father's appeal from a sanctions order with
- Father's attorney's petition for writ of mandamus from the same sanctions
- order. The Court abated and remanded under TEX. R. ApP. P. 7.2 because
the trial judge who signed the sanctions orders, Hon. Charles Sandoval,
ceased to hold office during the pendency of the mandamus petition. The
- Court was required to allow the new judge of the 380 th District Court, Hon.
REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE2
Suzanne Wooten, to consider the sanctions order before this Court could
address the merits of the petition for writ of mandamus. TEX. R. ApP. P.
I 7.2(b).
L.
On the Friday before the Monday on which Judge Wooten was to
L
I
reconsider Judge Sandoval's decision on the sanctions, Mother hired the law
-..
I firm in which Judge Wooten's campaign treasurer was a partner. This
caused Judge Wooten to recuse herself. She referred the matter to the
-
presiding judge of the administrative region, Hon. John Ovard. Judge Ovard
-
appointed Judge McCraw to hear the case. (See Exhibit A attached hereto).
Judge McCraw heard numerous contested matters between the parties,
including six days of trial of Father's petition to modify a December 1,2006
order of modification signed by Judge Sandoval. On August 3, 2010, Judge
McCraw signed an order incorporating several agreements of the parties and
- changing both parents' possession times and support obligations. The order
- gave the primary possessory interest to Father during the school week and
ordered mother to pay child support to Father. I School was to start
approximately two weeks after that order was signed.
-
- IMothcr was ordered to pay 25% of her monthly net resources, per the Family Code guidelines.
Father had been paying 85% of his net resources under the December 1.2006 Order.
REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE)
'-
-
...
-
II.
Response to Petition for Writ of Mandamus
L The sole basis of Mother's Petition for Writ of Mandamus and Motion
for Emergency Stay is Mother's claim that Judge McCraw was never
officially appointed to sit on the case. Mother claims that since Judge
McCraw has never been officially appointed by Judge Ovard, everything
...
,
I
Judge McCraw has done in the case since April 29,2009 is void .
Mother states that she has investigated the existence of such an Order
by looking at the Collin County District Clerk's docket sheet for Cause No.
- 380-54606-03, the 380 lh District Court's handwritten docket notations, and
- Judge Ovard's website. She has asked trial counsel if he has an order of
- assignment of Judge McCraw and he does not. Relator's counsel apparently
-
did not ask Judge McCraw or Judge Ovard whether either had a copy of the
assignment order.
- Upon receipt and reVIew of the Emergency Motion for Stay and
Petition for Writ of Mandamus, Father's appellate counsel inquired of Judge
Ovard's office whether it had a copy of the order of assignment. (See
affidavit of Julia Pendery at end of this motion). Judge Ovard's office faxed
- a copy of the Order that appointed Judge McCraw to sit for the duration of
- REAL PARTY IN INTEREST'S RESI>ONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STA Y AND MOTION FOH SANCTIONS PAGE4
..
the case, which was signed March 9, 2009 by Judge Ovard. It is attached as
Exhibit A. Given the existence of a valid order that appointed Judge
McCraw for the duration of the case, ather asks this Court to deny the
..
Motion for Emergency Stay and the Petition for Writ of Mandamus because
. neither have any merit. (See Exhibit A).
- III.
Motion for Sanctions
This is certainly not the first time Mother has put Father and his
attorneys to unnecessary expense. Father asks this Court to sanction Mother
for the filing of a groundless petition and a misleading statement and record,
pursuant to TEX. R. ApP. P. 52.11, which reads as follows:
Groundless Petition or Misleading Statement or Record.
On motion of any party or on its own initiative, the court may -
after notice and a reasonable opportunity to respond - impose
just sanctions on a party or attorney who is not acting in good
faith as indicated by any of the following:
- (a) filing a petition that is clearly groundless;
- (b) bringing the petition solely for delay of an
-
underlying proceeding;
(c) grossly misstating or omitting an obviously
important and material fact in the petition or
response; or
-
(d) filing an appendix or record that is clearly
misleading because of the omission of obviously
-
important and material evidence or documents.
REAL PAlny IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGES
-
..
- In filing the petition and motion, Mother has violated all four statutory
- grounds for sanctionable conduct: 1) The petition is clearly groundless
because a simple inquiry of Judge McCraw about whether he had in his
- possession an order appointing him to sit on the case would have revealed
the lack of merit of the Petition; 2) The Motion for Emergency Stay was
brought solely to delay the children's move to the Father's house for the
- school year, as ordered in Judge McCraw's August 3, 20 I 0 order; 3) The
Motion for Stay and the Petition for Writ of Mandamus omit an obviously-
important and material fact. Mother avoids saying directly that no such
- order exists, but it is clear from her statement of what inquiry she made
- regarding such an order that the most obvious path of inquiry was
- deliberately excluded; and 4) The appendix filed by Mother was clearly
-
misleading because it omitted the obviously-important document that Father
has now supplied to the Court.
- Father seeks sanctions in at least the amount of attorney's fees he has
- incurred for his attorneys to respond to the Emergency Motion for Stay and
Petition for Writ of Mandamus in an immediate fashion. His attorney, Julia
Pendery, has attested to her efforts on Father's behalf in an affidavit attached
at the end of this motion.
REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE6
-
-
-
Real Party in Interest, David Frederick Cary, prays that the Court
deny Relator's Emergency Motion for Stay and Petition for Writ of
Mandamus. David Frederick Cary further prays that the Court impose a
sanction against Relator, Jennifer Cary, in the minimum amount of
-
$6,500.00, and direct her to make payment to David Frederick Cary. Real
PaJ1y in Interest prays for such other relief to which he may show himself
- justly entitled.
- Respectfully submitted,
-
- J ia F. Pendery, Attorney at aw
State Bar No. 15744050
-
3030 LB] Fwy, Suite 1630, LB 50
Dallas, TX 75234
972-243-1999 Telephone
972-243-8999 Fax
-
AITORNEY FOR
DA VID FREDERICK CARY
-
REAL PARTY IN INTEREST
....
- REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE 7
-
-
CERTIFICATE OF SERVICE
I certify that on the 31 st day of August, 2010, a true and correct copy
of Real Party in Interest's Response to Jennifer Cary's Petition for Writ of
.. Mandamus and Emergency Motion for Stay and Real Party in Interest's
Motion for Sanctions was mailed by First Class United States Mail to the
following people:
Thomas M. Michel Honorable John L. McCraw, Jr.
- Griffith, Jay & Michel, LLP
2200 Forest Park Blvd.
Justice Retired
1415 Harroun Avenue
I Fort Worth, TX 76110 McKinney, TX 75069
i-
I emailed a copy of the foregoing document to Thomas Michel and to
Relator's trial counsel, Byron Henry and William Neal, on August 31,2010.
A c.d containing the document was also delivered to the Court of Appeals.
Signed August 31, 20 10.
- Julia F. Pendery
-
REAL PARTY IN INTEREST'S RESPONSE TOJENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE8
-
-
AFFIDAVIT OF JULIA F. PENDERY
ST ATE OF TEXAS *
*
COUNTY OF DALLAS *
BEFORE ME, the undersigned authority, appeared Julia F. Pendery,
who is known to me, and who upon her oath deposed and stated the
following:
My name is Julia Fields Pendery. I am an attorney
I icensed to practice law in the State of Texas since 1978. I
represent David Frederick Cary in appellate matters in the case
styled In the Interest of CH.C and S.M.C, Cause No. 380-
54606-2003. I was retained to represent David F. Cary in the
Petition for Writ of Mandamus and Emergency Motion for Stay
fi led on August 25, 20 lOin the Court of Appeals for the Fifth
District of Texas in Cause No. 05-10-01071-CY, styled In Re
Jennifer Cary.
I was contacted by Mr. Cary's trial attorney on
August 26, 2010 and informed of the filing of the mandamus
petition and motion for emergency relief. I reviewed the
Motion and Petition with accompanying appendix and reviewed
selected items from my file in the case to verify some dates and
events and to see if I had a copy of the order of appointment. I
made inquiries of Mr. Cary and his trial attorneys regarding
whether they had a copy of the order appointing Judge McCraw
to sit on the case. I then called Judge Ovard's office and asked
REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STA Y AND MOTION FOR SANCTIONS PAGE9
•
- his assistant to help locate a copy of the signed order appointing
Judge McCraw to sit on the case. Judge Ovard's office
obtained a copy of the order and faxed it to me. A true and
correct copy of that order is attached as Exhibit A to Real Party
in Interest David F. Cary's Response to Jennifer Cary's Petition
for Writ of Mandamus and Emergency Motion for Stay and
Real Party in Interest's Motion for Sanctions.
In responding to the Petition for Writ of Mandamus and
-
Motion for Emergency Stay, I reviewed the petition and motion
and portions of the Cary record attached to them, as well as
other parts of my Cary file and the trial court's record. I spoke
with Judge Ovard's assistant on three occasions, spoke to my
- client on four occasions, and spoke with my client's trial
attorney's office on two occasions. I have emailed back and
.- forth with my client's trial counsel several times. I reviewed the
applicable appellate rules regarding mandamus and emergency
relief. I drafted the response to which this affidavit is attached
- and this affidavit. In doing the above described tasks, I have
spent twelve hours of attorney time.
aI
-
Signed this S( day of August, 2010.
~1.(?~
Julia F. Pendery
REAL PARTY IN INTEREST'S RESPONSE TO JENNIfER CARY'S
PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SAI'iCTIONS PAGE 10
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SUBSCRIBED AND SWORN TO BEFORE ME by the said Julia F.
oJr
Pendery on this 3/ - day of August, 2010.
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My Commission Expires:
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- REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
PET!TlON FOR WRIT OF MANDAMUS AND EMERGENCY
MOTION FOR STAY AND MOTION FOR SANCTIONS PAGE II
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THE STArt; OF TEXA&
FIRST ADMINISTRATIVE JUDICIAL REGION
ORDER Oft A86IGNMENT BY THE PRSSIDING JUDGE
Pursuant to Article 74.056. Texas Government Code, I hearby assign the:
Honol'abie John L. McCraw Jr.,
Senior Justice of The 5th Court Of Appeals
To The ~aOth Oi8trlc:t Court af Cailln Count)'. Texas,
This assignment is for the period of 1 days beginning 319/2009, providing
that 'the assignment shall continue after the speclfled period of time 8S may be
llecasSaJy for the assigned Judgs to complete trial of any case or caseij begun
during this period. and to pass on motiens for new ilial and all other matters
growing out,of oasas tried by the JUdge heT8in assigned during this period. or the
undersigned presiding judge has termlnaled thIs asslgntnent In writing. whichever
occurs first.
CONDITlON(S) OF ASSIGNMENT (IF AN'f]:
To hear Cause No, 380.5460&.2003: In the Interest of Chr1stlaha Helan Cary and
minor children.
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The Clerk Is directed to post a ~y of this· assignment 011 the noUce board
so that al10meys and partJeli may be advised of this assignment, In accordance
with the law.
ORO~RED this q day of 111 a+d.. .20P-j
~ Arst Administrattva Judicial Region,
ATTEST:
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lQ'd Ol:Sl 0100 9~ 6n~ LS6~£S9171~:~.:!
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Writ of Mandamus Denied, Opinion issued September JA 2010.
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In The
of .2\pp eal.s
lIl'iftq1Disfri.cf of IDexal1 at ilallan
No.05-10-01071-CV
IN RE JENNIFER CARY, Relator
Original Proceeding from the 380th Judicial District Court
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Collin County, Texas
Trial Court Cause No. 380-54606-03
MEMORANDUM OPINION
'- Before Justices Moseley, Lang, and Myers
Opinion by justice Myers
- Reliaor contenqs that respondent the Honorable John McCraw, Jr. 's orders in the underlying
case arc void because respondent was never properly assigned to hear the case. The facts and issues
are well known to the parties, so we need not recount them herein. Based on the record before us,
- we conclude relator has not shown she is entitled to the relief requested. See TEX. R. App. P.
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52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Accordingly, we DENY relator's
petition for writ of mandamus.
- Le&?#~
JUSTICE
- lOl071F.P05
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Order issued September ;(D/O 10
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In The
Qtourt of ..AppeaLs
lJriftl1 IDistrirt of <:ih~xas at IDalias
No.05-10-01071-CV
- IN RE JENNIFER CARY, Relator
Original Proceeding from the 380tb Judicial District Court
Collin County, Texas
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Trial Court Cause No. 380-54606-03
ORDER
- Before Justices Moseley, Lang, and Myers
Based on the Court's opinion of this date, we DENY relator's petition for writ of
mandamus. We further DENY real party in interest's motion for sanctions. We ORDER that
- relator bear the costs of this original proceeding.
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LANA MYERS
JUSTICE
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