ACCEPTED 04-15-00259-CV FOURTH COURT OF APPEALS Appellate Docket Number: 04-15-00259-CV SAN ANTONIO, TEXAS 4/28/2015 4:17:35 PM KEITH HOTTLE Appellate Case Style: City of San Antonio CLERK
Vs. Roxana Tenorio, Individually and on behalf of Pedro Tenorio, Deceased
Companion Case No.: FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/28/2015 4:17:35 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) KEITH E. HOTTLE Clerk Appellate Court:4th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: City of San Antonio First Name: Daniel First Name: Middle Name: V Middle Name: Last Name: Pozza Last Name: Suffix: Suffix: Law Firm Name: Law Offices of Dan Pozza
Pro Se: Address 1: 239 E. Commerce Address 2: City: San Antonio State: Texas Zip+4: 78205 Telephone: 210-226-8888 ext. Fax: 210-222-8477 Email: danpozza@yahoo.com SBN: 16224800
I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: City of San Antonio First Name: Michael First Name: Middle Name: David Middle Name: Last Name: Siemer Last Name: Suffix: Suffix: Law Firm Name: City of San Antonio, City Attorney's Office
Pro Se: Address 1: 111 Soledad, 10th floor Address 2:
Page 1 of 8 City: San Antonio State: Texas Zip+4: 78205 Telephone: 210-207-8784 ext. Fax: 210-207-4357 Email: michael.siemer@sanantonio.gov SBN: 18343670
III. Appellee IV. Appellee Attorney(s) Person Organization (choose one) Lead Attorney First Name: Joe First Name: Roxana Middle Name: Brad Middle Name: Last Name: Brock Last Name: Tenorio Suffix: Suffix: Law Firm Name: Law Office of Joe Brad Brock Pro Se: Address 1: 5866 S. Staples, Suite 103 Address 2: City: Corpus Christi State: Texas Zip+4: 78413 Telephone: 361-884-1086 ext. Fax: 361-884-8446 Email: joebrad@thebrocklawfirm.com SBN: 03040830
Page 2 of 8 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Governmental Immunity
Date order or judgment signed: April 20, 2015 Type of judgment: Interlocutory Order Date notice of appeal filed in trial court: April 28, 2015 If mailed to the trial court clerk, also give the date mailed: April 28, 2015 Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): TEX CIV. PRAC & REM CODE ANN. SECTION 51.014(a)(8) Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: TRAP 28.1
Parental Termination or Child Protection? (See TRAP 28.4): Yes ■ No
Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: Yes No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? Yes No Judgment or order disposes of all parties and issues: Yes No Appeal from final judgment: Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact Yes No If yes, date filed: and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Other: Yes No If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: Yes No If yes, date filed:
Contest filed in trial court: Yes No If yes, date filed:
Date ruling on contest due:
Ruling on contest: Sustained Overruled Date of ruling:
Page 3 of 8 VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: 73rd Judicial District Court Clerk's Record: County: Bexar County Trial Court Clerk: District County Trial Court Docket Number (Cause No.): 2014CI14704 Was clerk's record requested? Yes No If yes, date requested: April 22, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Stephani Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Walsh (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 100 Dolorosa Address 2 : City: San Antonio State: Texas Zip + 4: 78205 Telephone: 210-335-2507 ext. Fax: 210-335-1317 Email: stephani.walsh@bexar.org
Reporter's or Recorder's Record:
Is there a reporter's record? Yes No Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? Yes No If yes, date requested: April 22, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Page 4 of 8 Court Reporter Court Recorder Official Substitute
First Name: Sharon Middle Name: Last Name: McDonald Suffix: Address 1: 6838 Country Hill Address 2: City: San Antonio State: Texas Zip + 4: 78240 Telephone: 210-887-4477 ext. Fax: Email: sherrimc777@aol.com
X. Supersedeas Bond Supersedeas bond filed: Yes No If yes, date filed:
Will file: Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes 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, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? Yes No
If no, please specify:The legal issue involved is difficult to mediate. Has the case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of case? Governmental Immunity 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): Governmental immunity based upon Plaintiff's failure to give notice
How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00
Page 5 of 8 Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: $0.00 If other, please specify:
Will you challenge this Court's jurisdiction? Yes No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case. Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email
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ACCEPTED 04-15-00259-CV FOURTH COURT OF APPEALS Appellate Docket Number: 04-15-00259-CV SAN ANTONIO, TEXAS 4/28/2015 4:17:35 PM KEITH HOTTLE Appellate Case Style: City of San Antonio CLERK
Vs. Roxana Tenorio, Individually and on behalf of Pedro Tenorio, Deceased
Companion Case No.: FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/28/2015 4:17:35 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) KEITH E. HOTTLE Clerk Appellate Court:4th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: City of San Antonio First Name: Daniel First Name: Middle Name: V Middle Name: Last Name: Pozza Last Name: Suffix: Suffix: Law Firm Name: Law Offices of Dan Pozza
Pro Se: Address 1: 239 E. Commerce Address 2: City: San Antonio State: Texas Zip+4: 78205 Telephone: 210-226-8888 ext. Fax: 210-222-8477 Email: danpozza@yahoo.com SBN: 16224800
I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: City of San Antonio First Name: Michael First Name: Middle Name: David Middle Name: Last Name: Siemer Last Name: Suffix: Suffix: Law Firm Name: City of San Antonio, City Attorney's Office
Pro Se: Address 1: 111 Soledad, 10th floor Address 2:
Page 1 of 8 City: San Antonio State: Texas Zip+4: 78205 Telephone: 210-207-8784 ext. Fax: 210-207-4357 Email: michael.siemer@sanantonio.gov SBN: 18343670
III. Appellee IV. Appellee Attorney(s) Person Organization (choose one) Lead Attorney First Name: Joe First Name: Roxana Middle Name: Brad Middle Name: Last Name: Brock Last Name: Tenorio Suffix: Suffix: Law Firm Name: Law Office of Joe Brad Brock Pro Se: Address 1: 5866 S. Staples, Suite 103 Address 2: City: Corpus Christi State: Texas Zip+4: 78413 Telephone: 361-884-1086 ext. Fax: 361-884-8446 Email: joebrad@thebrocklawfirm.com SBN: 03040830
Page 2 of 8 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Governmental Immunity
Date order or judgment signed: April 20, 2015 Type of judgment: Interlocutory Order Date notice of appeal filed in trial court: April 28, 2015 If mailed to the trial court clerk, also give the date mailed: April 28, 2015 Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): TEX CIV. PRAC & REM CODE ANN. SECTION 51.014(a)(8) Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: TRAP 28.1
Parental Termination or Child Protection? (See TRAP 28.4): Yes ■ No
Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: Yes No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? Yes No Judgment or order disposes of all parties and issues: Yes No Appeal from final judgment: Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact Yes No If yes, date filed: and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Other: Yes No If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: Yes No If yes, date filed:
Contest filed in trial court: Yes No If yes, date filed:
Date ruling on contest due:
Ruling on contest: Sustained Overruled Date of ruling:
Page 3 of 8 VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: 73rd Judicial District Court Clerk's Record: County: Bexar County Trial Court Clerk: District County Trial Court Docket Number (Cause No.): 2014CI14704 Was clerk's record requested? Yes No If yes, date requested: April 22, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Stephani Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Walsh (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 100 Dolorosa Address 2 : City: San Antonio State: Texas Zip + 4: 78205 Telephone: 210-335-2507 ext. Fax: 210-335-1317 Email: stephani.walsh@bexar.org
Reporter's or Recorder's Record:
Is there a reporter's record? Yes No Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? Yes No If yes, date requested: April 22, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Page 4 of 8 Court Reporter Court Recorder Official Substitute
First Name: Sharon Middle Name: Last Name: McDonald Suffix: Address 1: 6838 Country Hill Address 2: City: San Antonio State: Texas Zip + 4: 78240 Telephone: 210-887-4477 ext. Fax: Email: sherrimc777@aol.com
X. Supersedeas Bond Supersedeas bond filed: Yes No If yes, date filed:
Will file: Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes 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, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? Yes No
If no, please specify:The legal issue involved is difficult to mediate. Has the case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of case? Governmental Immunity 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): Governmental immunity based upon Plaintiff's failure to give notice
How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00
Page 5 of 8 Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: $0.00 If other, please specify:
Will you challenge this Court's jurisdiction? Yes No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case. Yes No Can the parties agree on an appellate mediator? Yes 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: 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.
Docket Number: Trial Court:
Style:
Vs.
Page 6 of 8 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section 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. If a 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? Yes 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? Yes 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? Yes 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? Yes No If yes, please attach an Affidavit of Indigency 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 pro se party) Date: April 28, 2015
Printed Name: Daniel V. Pozza State Bar No.: 16224800
Electronic Signature: /s/ Daniel V. Pozza (Optional)
Page 7 of 8 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 April 28, 2015 .
Signature of counsel (or pro se party) Electronic Signature: /s/ Daniel V. Pozza (Optional)
State Bar No.: 16224800 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: April 28, 2015 Manner Served: eServed
First Name: Joe
Middle Name: Brad Last Name: Brock Suffix: Law Firm Name: Law Offices of Joe Brad Brock Address 1: 5866 S. Staples, Suite 103 Address 2: City: Corpus Christi State Texas Zip+4: 78413 Telephone: 361-884-1086 ext. Fax: 361-884-8446
Email: joebrad@thebrocklawfirm.com
If Attorney, Representing Party's Name: Roxana Tenorio
Page 8 of 8 04-15-00259-CV
NO. 2014-CI-14704
ROXANA TENORIO, § IN THE DISTRICT COURT IDNIVIDUALLY AND ON BEHALF § OF PEDRO TENORIO, DECEASED § § vs. § 73rd JUDICIAL DISTRICT § BENITO GARZA AND § CITY OF SAN ANTONIO § BEXAR COUNTY, TEXAS
CITY OF SAN ANTONIO’S NOTICE OF APPEAL
Defendant, City of San Antonio (“COSA”), desires to appeal from the Order Denying
Defendant, City of San Antonio's Plea to the Jurisdiction signed by the Honorable Stephani
Walsh, Presiding Judge of the 45th Judicial District Court of Bexar County, on April 20, 2015.
I.
COSA appeals to the Fourth Court of Appeals.
II.
The appeal of this case is an accelerated appeal.
III.
Attached to this Notice is the interlocutory order from which COSA files this appeal.
Respectfully submitted,
CITY OF SAN ANTONIO Martha G. Sepeda, Acting City Attorney State Bar No. 13143100 Michael D. Siemer, Assistant City Attorney State Bar No. 18343670 Office of the City Attorney Litigation Division 111 Soledad Street, 10th Floor San Antonio, TX 78205 (210) 207-8784 – Phone (210) 207-4357 – Fax
City of San Antonio’s Notice of Appeal Page 1 LAW OFFICE OF DAN POZZA 239 E. Commerce Street San Antonio, TX 78205 (210) 226-8888 – Phone (210) 224-6373 – Fax danpozza@yahoo.com
/s/Dan Pozza State Bar No. 16224800
Attorneys for Defendant, City of San Antonio
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing City of San Antonio’s Notice of Appeal was forwarded via e-mail transmission on the 28th day of April, 2015, to:
Joe Brad Brock Law Office of Joe Brad Brock 5866 S. Staples, Suite 103 Corpus Christi, TX 78413 joebrad@thebrocklawfirm.com
/s/Dan Pozza
City of San Antonio’s Notice of Appeal Page 2 No. 2014CI14704
ROXANA TENORIO, INDIVIDUALLY § IN THE DISTRICT COURT AND ON BEHALF OF PEDRO TENORIO, DECEASED § v. § 73RD JUDICIAL DISTRICT § BENITO GARZA AND CITY OF SAN § ANTONIO § BEXAR COUNTY, TEXAS
ORDER DENYING DEFENDANT, CITY OF SAN ANTONIO'S PLEA TO THE JURISDICTION
On this date came on to be heard Defendant CITY OF SAN ANTONIO'S Plea to
the Jurisdiction. The Plaintiff and the Defendant appeared by and through counsel, and
after considering the City of San Antonio's Plea to the Jurisdiction, the pleadings on file
and the argument of counsel, the Court finds the Defendant, City of San Antonio's Plea
to the Jurisdiction should be in all things DENIED.
Accordingly, it is Ordered, Adjudged, and Decreed that Defendant, City of San
Antonio's, Plea to the Jurisdiction is DENIED. J'rf11../l- SIGNED AND ENTERED this l0 day ofMttrch, 2015. APPROVED AS TO FORM ONLY:
CITY OF SAN ANTONIO Martha G. Sepeda, Acting City Attorney SBN: 13143100 Office of the City Attorney Litigation Division 111 Soled St., 1Otl1 Floor 'o, TX 78205 ......
1emer Assistant City Attorney SBN: 18343670 (210) 207-8784 / (210) 207-4357 FAX Attorney for Defendant, City ofSan Antonio Envelope Details Page 1 of 2
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Case # 2014CI14704 Case Information Location Bexar County - District Clerk Date Filed 04/28/2015 08:03:12 AM Case Number 2014CI14704 Case Description Assigned to Judge Attorney Michael Siemer Firm Name San Antonio City Attorney's Office Filed By Barbara Wagner Filer Type Not Applicable Fees Convenience Fee $0.00 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service Fees $0.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $0.00 Total Provider Tax Fees $0.00 Grand Total $0.00 Payment Account Name Waiver Transaction Amount $0.00 Transaction Response Transaction ID Order #
Notice of Appeal Filing Type EFileAndServe Filing Code Notice of Appeal Filing Description City of San Antonio's Notice of Appeal Reference Number Comments City of San Antonio's Notice of Appeal barbara.wagner@sanantonio.gov, Courtesy Copies danpozza@yahoo.com Status Submitted
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=dce99653-4096-40dd-b9e9-... 4/28/2015 Envelope Details Page 2 of 2
Fees Court Fee $0.00 Service Fee $0.00 Documents Lead Document Notice of Appeal (7).pdf [Original]
eService Details Date/Time Name/Email Firm Service Type Status Served Opened Joe Brad Brock 04/28/2015 EServe Sent Yes joebrad@thebrocklawfirm.com 08:54:55 AM Martin J. Navarro Frey, Navarro & EServe Sent Yes Not Opened marty@fnwlawfirm.com Whorton, PLLC San Antonio Michael D. Siemer 04/28/2015 City Attorney's EServe Sent Yes michael.siemer@sanantonio.gov 08:11:26 AM Office Elizabeth Smith Law Office of EServe Sent Yes Not Opened esmith@thebrocklawfirm.com Joe Brad Brock
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=dce99653-4096-40dd-b9e9-... 4/28/2015 04-15-00259-CV
ALTERNATIVE DISPUTE RESOLUTION ADDENDUM TO CIVIL DOCKETING STATEMENT FOURTH COURT OF APPEALS
Addendum Filing Due Date: APRIL 28, 2015_______________________________________
Court of Appeals No. ______________________________________________
Trial Court Case No. 2014-CI-14704___________________________________________
Trial Court Style: Roxana Tenorio, Individually and on Behalf of Pedro Tenorio, Deceased v. Benito Garza and City of San Antonio
1. Was this case mediated at the trial court level? □ Yes X No
2. If yes, who was the mediator? N/A
3. State briefly the type of case and issues on appeal (e.g., breach of contract, divorce, oil and gas): Governmental immunity, lack of actual notice under the Tort Claims Act
4. Do you believe mediation would be a beneficial tool in the resolution of this appeal?
□ Yes X No □ Willing to mediate if ordered by the Court.
5. If your answer to #4 above is no, please explain:
The legal issue involved is not readily subject to mediation
6. If this appeal is ordered to mediation, do you have a preferred mediator? NO If so, state mediator’s name, address, and telephone number: N/A
Signature: /s/Dan Pozza Date: April 28, 2015
Type name and TBN: Daniel V. Pozza, 16224800
Attorney of Record for: City of San Antonio