On April 08, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
The Department Of Family And Protective Services,
Wilcox, Ashleagh Ruth,
and
Phelps, Jamie Dwayne,
Wilcox, Ashleagh Ruth,
for Modify - Other
in the District Court of Smith County.
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Electronically Filed
1/5/2022 3:36 PM
Penny Clarkston, Smith County District Clerk
Reviewed By: Daisy Duran
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 21-0772-D
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
HAYDEN WILCOX § SMITH COUNTY, TEXAS
§
A CHILD § 321ST JUDICIAL DISTRICT
AND
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 16-5434-D
IN THE INTEREST OF IN THE DISTRICT COURT OF
HAYDEN WILCOX Smith COUNTY, TEXAS
A CHILD 321 JUDICIAL DISTRICT
MOTION TO CONSOLIDATE
This Motion to Consolidate the above lawsuits is filed by the Department of Family and Protective
Services (“the Department”) seeking to consolidate the above-styled cases.
1. These lawsuits involve common questions of law or of fact, relating to the best interests of
the children involved in both suits.
2. Texas law provides that only one court should acquire and retain continuing exclusive
jurisdiction of a suit affecting the parent-child relationship. It would serve the convenience
of the Court, litigants, and counsel and would avoid multiplicity of suits, duplication of
testimony, and unnecessary expense and delay, as well as prevent the potential entry of
conflicting final orders, to have these lawsuits consolidated for trial.
3. The Department prays that the Court grant the Motion to Consolidate and consolidate these
lawsuits under cause number 21-0772-D in the 321st Judicial District Court of SMITH
County.
Respectfully Submitted,
Motion to Consolidate 21-0772-D / 321ST
Page 1 SMITH County
JESSICA WORTHAM
Attorney for Petitioner,
Department of Family and Protective Services
200 E Ferguson Suite 515
Tyler, Texas 75702
email: jwortham@smith-county.com
phone: (903) 590-4633
fax: (903) 590-4630
State Bar # 24081488
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been sent by the following
methods to the following parties:
DONALD DAVIDSON, PO BOX 1105, TYLER, TX 75710
Via Email or E-Service: dsd@lawyer.com
CASA BY SUPERVISOR LACI MURRAY , 3616 WEST WAY ST, TYLER, TX 75703
Via Email or E-Service: amy@casaforkidsofet.org
ALICIA BARKLEY, 217 W HOUSTON, TYLER, TX 75702
Via Email or E-Service: assistant@aliciacashell.com
LOGAN SAWYER, 1397 DOMINION PLAZA, STE 140, TYLER, TX 75703
Via Email or E-Service: matt@theellislawfirm.com
EVAN BARAT, 100 E FERGUSON, SUITE 718, TYLER, TX 75702
Via Email or E-Service: evan@baratfirm.com
in accordance with the Texas Rules of Civil Procedure 21a on January 5, 2022
JESSICA WORTHAM
Attorney for Petitioner,
Motion to Consolidate 21-0772-D / 321ST
Page 2 SMITH County
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jessica Wortham on behalf of Jessica Wortham
Bar No. 24081488
jwortham@smith-county.com
Envelope ID: 60529261
Status as of 1/5/2022 3:38 PM CST
Associated Case Party: THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES
Name BarNumber Email TimestampSubmitted Status
Jessica Wortham jwortham@smith-county.com 1/5/2022 3:36:39 PM SENT
Associated Case Party: HAYDEN WILCOX
Name BarNumber Email TimestampSubmitted Status
Don Davidson dsd@lawyer.com 1/5/2022 3:36:39 PM SENT
Associated Case Party: ASHLEAGHRUTHWILCOX
Name BarNumber Email TimestampSubmitted Status
Amber Martin assistant@aliciacashell.com 1/5/2022 3:36:39 PM SENT
Alicia Barkley alicia@aliciacashell.com 1/5/2022 3:36:39 PM SENT
Associated Case Party: JAMIEDWAYNEPHELPS
Name BarNumber Email TimestampSubmitted Status
Laney Sawyer laney@sawyersiriannilaw.com 1/5/2022 3:36:39 PM SENT
Logan Sawyer logan@sawyersiriannilaw.com 1/5/2022 3:36:39 PM SENT
Case Contacts
Name
Laci Murray
Evan Barat
Meghan Flynn
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jessica Wortham on behalf of Jessica Wortham
Bar No. 24081488
jwortham@smith-county.com
Envelope ID: 60529261
Status as of 1/5/2022 3:38 PM CST
Case Contacts
Traphena Lipscomb Traphena.Lipscomb@dfps.texas.gov 1/5/2022 3:36:39 PM SENT
Amy McDonald amy@casaforkidsofet.org 1/5/2022 3:36:39 PM SENT
Jade Starkey Jade.Starkey@dfps.texas.gov 1/5/2022 3:36:39 PM ERROR
Document Filed Date
January 05, 2022
Case Filing Date
April 08, 2021
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Electronically Filed 1/5/2022 3:36 PM Penny Clarkston, Smith County District Clerk Reviewed By: Daisy Duran NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 21-0772-D IN THE INTEREST OF § IN THE DISTRICT COURT OF § HAYDEN WILCOX § SMITH COUNTY, TEXAS § A CHILD § 321ST JUDICIAL DISTRICT AND NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 16-5434-D IN THE INTEREST OF IN THE DISTRICT COURT OF HAYDEN WILCOX Smith COUNTY, TEXAS A CHILD 321 JUDICIAL DISTRICT MOTION TO CONSOLIDATE This Motion to Consolidate the above lawsuits is filed by the Department of Family and Protective Services (“the Department”) seeking to consolidate the above-styled cases. 1. These lawsuits involve common questions of law or of fact, relating to the best interests of the children involved in both suits. 2. Texas law provides that only one court should acquire and retain continuing exclusive jurisdiction of a suit affecting the parent-child relationship. It would serve the convenience of the Court, litigants, and counsel and would avoid multiplicity of suits, duplication of testimony, and unnecessary expense and delay, as well as prevent the potential entry of conflicting final orders, to have these lawsuits consolidated for trial. 3. The Department prays that the Court grant the Motion to Consolidate and consolidate these lawsuits under cause number 21-0772-D in the 321st Judicial District Court of SMITH County. Respectfully Submitted, Motion to Consolidate 21-0772-D / 321ST Page 1 SMITH County JESSICA WORTHAM Attorney for Petitioner, Department of Family and Protective Services 200 E Ferguson Suite 515 Tyler, Texas 75702 email: jwortham@smith-county.com phone: (903) 590-4633 fax: (903) 590-4630 State Bar # 24081488 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been sent by the following methods to the following parties: DONALD DAVIDSON, PO BOX 1105, TYLER, TX 75710 Via Email or E-Service: dsd@lawyer.com CASA BY SUPERVISOR LACI MURRAY , 3616 WEST WAY ST, TYLER, TX 75703 Via Email or E-Service: amy@casaforkidsofet.org ALICIA BARKLEY, 217 W HOUSTON, TYLER, TX 75702 Via Email or E-Service: assistant@aliciacashell.com LOGAN SAWYER, 1397 DOMINION PLAZA, STE 140, TYLER, TX 75703 Via Email or E-Service: matt@theellislawfirm.com EVAN BARAT, 100 E FERGUSON, SUITE 718, TYLER, TX 75702 Via Email or E-Service: evan@baratfirm.com in accordance with the Texas Rules of Civil Procedure 21a on January 5, 2022 JESSICA WORTHAM Attorney for Petitioner, Motion to Consolidate 21-0772-D / 321ST Page 2 SMITH County Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jessica Wortham on behalf of Jessica Wortham Bar No. 24081488 jwortham@smith-county.com Envelope ID: 60529261 Status as of 1/5/2022 3:38 PM CST Associated Case Party: THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Name BarNumber Email TimestampSubmitted Status Jessica Wortham jwortham@smith-county.com 1/5/2022 3:36:39 PM SENT Associated Case Party: HAYDEN WILCOX Name BarNumber Email TimestampSubmitted Status Don Davidson dsd@lawyer.com 1/5/2022 3:36:39 PM SENT Associated Case Party: ASHLEAGHRUTHWILCOX Name BarNumber Email TimestampSubmitted Status Amber Martin assistant@aliciacashell.com 1/5/2022 3:36:39 PM SENT Alicia Barkley alicia@aliciacashell.com 1/5/2022 3:36:39 PM SENT Associated Case Party: JAMIEDWAYNEPHELPS Name BarNumber Email TimestampSubmitted Status Laney Sawyer laney@sawyersiriannilaw.com 1/5/2022 3:36:39 PM SENT Logan Sawyer logan@sawyersiriannilaw.com 1/5/2022 3:36:39 PM SENT Case Contacts Name Laci Murray Evan Barat Meghan Flynn Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jessica Wortham on behalf of Jessica Wortham Bar No. 24081488 jwortham@smith-county.com Envelope ID: 60529261 Status as of 1/5/2022 3:38 PM CST Case Contacts Traphena Lipscomb Traphena.Lipscomb@dfps.texas.gov 1/5/2022 3:36:39 PM SENT Amy McDonald amy@casaforkidsofet.org 1/5/2022 3:36:39 PM SENT Jade Starkey Jade.Starkey@dfps.texas.gov 1/5/2022 3:36:39 PM ERROR