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Dale Sue Jones and Stanley Ray Jones v. Ted Scott, M.D.
Citation: Not availableDocket: 07-04-00077-CV
Court: Court of Appeals of Texas; October 28, 2010; Texas; State Appellate Court
Original Court Document: View Document
An appeal by Dale Sue Jones and Stanley Ray Jones concerning a health care liability claim related to a weight loss procedure has been ongoing since 2004. Following Dale Sue Jones's death in February 2009, the Court determined that Stanley Ray Jones, lacking legal training, could not prosecute her claims without a licensed attorney. The Court mandated that legal representation for Dale Sue Jones's estate be secured by September 3, 2010, and required the submission of a merits brief by October 4, 2010, warning that non-compliance would result in dismissal. On October 7, 2010, Stanley Ray Jones sought an extension to obtain legal counsel but was effectively attempting to represent his deceased spouse's estate, which he is ineligible to do. The Court chose not to act on his motion, denying the extension request due to the expiration of the deadlines set previously and the lack of substantive merit in the motion. Consequently, the appeal regarding Dale Sue Jones's claims was dismissed, while only Stanley Ray Jones's pro se claims would be considered moving forward. Additionally, the Court addressed issues raised by Stanley Ray Jones regarding the admission of a taped outcry statement made by a complainant in a related matter. The appellant contended that the State violated statutory notice requirements and questioned the reliability of the tape. However, the Court found that the State complied with legal requirements and that the appellant's claims of surprise were unfounded, affirming the trial court's judgment.