Calvin Hearne and Beverly Hearne v. Khera Interest, Inc.

Opinion

ACCEPTED 14-15-00613-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/5/2015 11:34:12 AM Appellate Docket Number: CHRISTOPHER PRINE CLERK Appellate Case Sty le:

Vs . Khera Interest, Inc.

Companion Case No .: FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/5/2015 11:34:12 AM CHRISTOPHER A. PRINE Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk

Appellate Court: 14th Court of A ppeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s)

[gj Person D Organization (choose one) IZJ Lead Attorney First Name : First Name: Middle Name:

Middle Name: Last Name:

Last Name: Suffix: ,..,. ~"""'~ 1:,; ' ... r-'•:0: y. l ~ > " ., ::,_ '4 ">"(~.:!;. Law Firm Name: ! ~ • .... ... ~ ... (~

Suffix: - ProSe: 0 Address I : 2402 Pea.:s e=.::: St= =====:::::======! Address 2:

City: Bouston

State:

Telephone:

Fax: Email:

SBN:

III. Appellee IV. Appellee Attorney(s)

D Person [g] Organization (choose one) [g] Lead Attorney

Organization Name:K -.;:;;h:.::;e:..: ra:,;l:;;n::.:;te:;;r;;;, e:o.; st:z.. , ;;; --------__,.j l n.;.;:c;.;.. First Name:

First Name: Middle Name:

Middle Name: Last Name : Boyd

Last Name: Suffix:

Suffix: - ProSe: 0 Address I :

Address 2:

City: State: Telephone: Fax: Email: SBN: 02779000 Page 1 of7 V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Real Property

Type of judgment: Summa Judgment ~~~---------------------J

If mailed to the trial court clerk, also give the date mailed :

Interlocutory appeal of appealable order: D Yes [g] No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

DYes [gJ No statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): DYes DNo

Permissive? (See TRAP 28.3): DYes D No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): DYes D No

Appeal should receive precedence, preference, or priority under statute or rule : DYes D No If yes, please specify statutory or other basis for such status :

Does this case involve an amount under $1 00 ,000? [g] Yes DNo Judgment or order disposes of all parties and issues : [g] Yes DNo Appeal from final judgment: [gJ Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes [giNo

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: [g]Yes DNo If yes, date filed : Motion to Modify Judgment: DYes DNo If yes, date filed : Request for Findings of Fact DYes DNo Ifyes, date filed: and Conclusions of Law: DYes DNo If yes, date filed : Motion to Reinstate: DYes DNo If yes, date filed: Motion under TRCP 306a: Other: DYes DNo If other, please specify:

VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court: DYes [g] No If yes, date filed : --------------~ Contest filed in trial court: DYes D No If yes, date filed :

Date ruling on contest due: _______ .._

Ruling on contest: D Sustained D Overruled Date of ruling :

Page 2 of7 VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes [gj No If yes, please attach a copy of the petition.

Date bankruptcy filed : Bankruptcy Case Number:

IX. Trial Court And Record

Court: 1234th Judicial District Clerk's Record : County: Harris ~~---------------------------- Trial Court Clerk: [gJ District D County Trial Court Docket Number (Cause No.): 2014-61155 --~~ Was clerk's record requested? IZJ Yes D No

Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Were payment arrangements made with clerk? Middle Name: [g!Yes DNo Dindigent Last Name: (Note: No request required under TRAP 34.5(a),{b)) Suffix: - Address 1: Address 2 : City: State:

Fax: Email :

Reporter's or Recorder's Record :

Is there a reporter's record? DYes [gj No Was reporter's record requested? DYes [giNo

Was there a reporter's record electronically recorded? DYes [gj No If yes, date requested: ..__ _ _ _ _ _ _ __.

If no, date it will be requested : .___ _ __ Were payment arrangements made with the court reporter/court recorder? DYes D No Dindigent

Page 3 of? D Court Reporter D Court Recorder D Official 0 Substitute

First Name: Middle Name: Last Name: Suffix: - Address 1: Address 2: City: State: exas Zip +4: ext. Fax: Email:

X. Supersedeas Bond

Supersedeas bond filed: DYes cgj No If yes, date filed : ~------------~ Will file : 0 Yes cgj No

XI. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes cgJ No ------------------------------~ If yes, briefly state the basis for your request:

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, lOth, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? 0 Yes cgj No

If no, please specify:! a i s w uld do not believe it is a good use offu ndsi:.·----------~-------------l Has the case been through an ADR procedure? DYes cgj No

If yes, who was the mediator? What type of ADR procedure? '-:====:::::==============;;;;;;:;;;;;;;==========:;:;;;;;;;;;;;;:;;;;;;;;;;;;; At what stage did the case go through ADR? 0 Pre-Trial D Post-Trial 0 Other

If other, please specify: ---------------------------~~----------___; Type of case? Real Pro Give a brief description of the issue to be raised on appeal , the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

gment

If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00

Page 4 of? Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify:

Will you challenge this Court's jurisdiction? DYes ~No Does judgment have language that one or more parties "take nothing"? ~ Yes D No

Does judgment have a Mother Hubbard clause? ~Yes D No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): D I D 2 ~ 3 D 4 D 5 Please make my answer to the preceding questions known to other parties in this case. ~Yes D No Can the parties agree on an appellate mediator? DYes ~ No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax -------. Email -------. Languages other than English in which the mediator should be proficient: none Name of person filing out mediation section of docketing statement:

XIII. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

DocketNum•b_e_r_: ________________________~------~----------TrialC~o~u~rt~:~::::::::::::::::::::::::::~----~ Style:

Vs.

Page 5 of? XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appea ls)

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate S~ction Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. !fa case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app .org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? 0 Yes [gJ No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? 0 Yes [gJ No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program .

If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? 0 Yes [gJ No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe .hhs .gov/poverty/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? 0 Yes [gJ No If yes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

XV. Signature

Signature of counsel (or prose party) Date: October 2 201 5 =:::J

Printed Name: [fimothy A. Hootman I State Bar No. : 0,~ 9::,;. 96:::_:5~4:.;:5.::, 0 _ _ _ _....,~1

Electronic Signature: Ys/Timoth:x A. Hootman;___ _ _ _ _ ___.! (Optional)

Page 6 of? XVI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on October 2, 2015

Signature of counsel (or prose party)

State BarNo.: 09965450 --~-- Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: ( 1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

Date Served: October 2, 20 15 Manner Served: ~ e~Se ~rv ~ d ________________-J e~

First Name: illiam

Middle Name:

Last Name: ;;;.;;. O,;.Y.d;;....______~-~--~-----' Suffix: -

Address I: Address 2:

City: State

Fax: Email: If Attorney, Representing Party's Name:

Page 7 of?