George Christian Hernandez v. Jose Angel Cuellar

• Court: Court of Appeals of Texas
• Decided: June 1, 2018
• Docket: 05-18-00585-CV
• Status: Published

Opinion

________________ ______

Appellate Docket Number: 05-18-00585-CV Appellate Case Style: Vs._

Companion Case rILED ZN rpur JUN X 12018 Amended/corrected statement: DOCKETING STATEPYWNT (Civil) Appellate Cowt - — Lisa Matz appeals upon perfecEion of appeal 5th District (EQ be filed in the court of

2’ Person Organization (choose one) Q Lead Attorney FtrstName r...-j n

First Name: .Z. •r:*-:--4j Middle Name a21ibC-- I Middle Name: Last Name: z-tI Last Name: Suffix:,

Suffix: J Address 1 Pro Se: 0 — —

Address 2: City: is;. State: Tex.ZJJ Zip+4: Telephone: ,. ext., -: Fax: Email: SBN - -

HLAppefle - . “;%c37r jc*wr kt:J:4j€r -

[3’ Person Qorganization (choose one) Q Lead Attorney -

First Name -1_.____ FirstName: Middle Name: -t’11;z- Middle Name: Last Name: Last Name: t Suffix: Suffix Law Finn Name Stv • Pro Se: Q Address 1: tt.L.4

Address 2: City: State Th?a_..L. — - Zip+4 , Telephone: j-J:a:; ext. * Fax: , Email: SUN: Page 1 of 7

tt.i ---‘-- -“- —.—— _____ _________________

V - - -

Nature of Cae(Subject matter ortype of case): ‘k: Type ofjudgment: Date order or judgment signed:

Date notice of appeal filed in trial court: If mailed to the thai court clerk, also give the dLte mailed: Interlocutory appeal of appealable order: Q Yes order is appealable (See TRAP 28): If yes. please specitS’ statutory or other basis on which interlocutory

Accelerated appeal (See TRAP 28): Q Yes [‘To

f%1 statutory or basis on which appeal is accelcr4d: -

Zr -

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

Permissive? (See T 283): Q Yes If yes, ee speci’ statutory or 9!!?P! .L=b.s - -- --————- Agreed? (See TRAP 28.2): Q Yes No If yes, please speciI’ statutory or other basis for such status: k

Appeal should receive precedence, preference, or priority under statute or rule: Q Yes jJo

If yes, please speci1 statutory or other basis for such status: Z.L.-1.- .r J.--Z- -

Does this case involve an amount under $100,000? ‘4es QN5 Judgment or order disposes of all parties and issues: fl )es S1io Appeal from final judgment: ‘Yes Q No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Q Yes

V Actonsu ndiaLmtTQcerfpAflye}Lf4.C.ecrY4 -- -Jj: - 4;’—- Motion for New Trial j’ces Q No Ifyes date filed Motion to Modi’ Judgment: II&2 jfJo If yes, date filed: Request for Frndmgs of Fact !2f! jj’io Ifyes date tiled :,D and Conclusions of Law: QYes No If yes, date filed: Motion to Reinstate: Motion under TRCP 306a: fl Yes Vf’No Ifyes, date filed:

Other: Q Yes IZ

sjj -

fl. in4igeucyOfarfr Wa Affidavit filed m trial court Q Yes fl No If yes, date filed

Contest filed m trial court QYes

Ruling on contest: Q Sustained [] Overruled Date of ruling: %;:c ‘Jk.

Page2o(7 _______ _______________ _____ ____________________ ___________ ________________________________________

,; VIII 1sankrutcY bankruptcy which might affect this appeal? QYes Has any party to the court’s judgment filed for protecPon in If yes, please attach a copy cif the petition.

Bankruptcy Case Number: Dale bankruptcy filed:

‘c owl cr— Clerk’s Record:

County Trial Court CLerk: Q District Q County Trial Court Docket Number (Cause No.): Was clerk’s record requested? jJ Yes J No If yes date requested -

Trial Judge (who tried or disposed of casç): If no date it will be requested - —

First Name: Were payment arrangements made with clerk? QYes QNo Qlndigent LastName: (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: Address 2: City: State: jj.V/J± Zip + 4: .:jjj: Telephone: 4-. - ext. -

Fax Email:

Reporter’s or Recorder’s Record:

Is there a reporter’s record? UYes 0 No Was reporter’s record requested? QYes QNo

Was there a reporter’s record electronically recorded? C Yes No If yes, date requested: ;.:JjJt:-s::

lfno date it will berequested ± J.-. Were payment arrangements made with the court reporter/court recorder? QYcs Q No Qlndigent

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rcrzv:t.—. ,.aa&— ______ ___________________ __________________________ ____________________

o Court Reporter Q Court Recorder o Official El Substitute

First Name; --i*: I

Middle Name; Last Name: Suffix: : Zr-. Address 1: - --

Address 2: -

City: r:Z State: Teis Zip +4: Telephone: ext Fax: Email

Supersedeas bond flled:QYes (‘No Jfyes, date flied:

Will file: lET Yes ia-i::;;

XJ ExIPoruu!rY3Pher . -

Will you request emaordinaiy relief (e.g. temporary or ancillaiy relief) from this Court? QYes If yes, briefly stale the basis for your request: -‘aJ-*

Should this appeal be refeaed to mediation? Q Yes lfno, please speci’: -L’ .- i J*:r-{rJZ _ —. EZ-._..

Has the case been through an ADR procedure? QYes fl No If yes. whD was the mediator? .L-’&.Z — --

What type ofADR procedure7 -Vz p *tk At what stage did the case go through ADR? D Pm-Thai D Post-Trial D Other -

If other, please specit&: ----

- - :Z4_j. Type of case9 .ef 1 ,z. t 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):

-i- i ;-‘

Howwasthecasedisposedof? :-;;-[, —___i — Summary ofreiief granted, including amount of money judgment, and if any, damages awarded. - - - -- - - -

— If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: , -.

Page4o(7 ___________________ ______________ _________ ___________ _____

Attorneys fees (thai): J__ Attorney’s fees (appellate): Other: -

If other, please specie’: zt1

Will you challenge this Courts jurisdiction? QYes fl No // Does judgment have language that one or more parties “take nothing”? Yes 9’No

Doesjudgment have a Mother Hubbard clause? QYes Q No

Other basis for finality? t-_LLz -j - - --- -. -

Rate the complexity of the case (use I for least and 5 for most complex): Q 1 Q 2 E1’3 0 4 0 5 Please make my answer to the preceding questions known to other parties in this case. Q Yes El No Can the parties agree on an appellate mediator? Q Yes fl No If yes, please give name, address, telephone, fax and email address: Name Address Tdeyhone Fax - Email F

Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketmg statement - ,ki z.3,.

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: ;;;j;r

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The Courts ofAppeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Conuninee 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. based upon a number of The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program 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 CIerWs 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 alter 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 Listsçtv to its pool of volunteer appellate attorneys. Do you want this case to be considered for incLusion in the Pro Bono Program? Q Yes Q No Do you authorize the Pro Bono Cqpilt to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Q Yes Li No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the infornrntion 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 a9idavit. does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Q Yes 2 No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://a5pe.Iihs.govlpovertv/O6ooVenV.sIiflnI.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes G4o 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-apo.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 lasues 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, ifnecessaay).

o se party) Date:

Printed Name: State Bar No.:

Electronic Signature; .. ‘-i•, ,.

(Optional)

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The undersigned counsel certifies that this dockefing statement has been served on the following lead counsel for all parties to the trial coutts order or judgment as follows on r

Signature of counsel (orpro Sc party) Electronic Signature: (Optional) State Bar No.: 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: ..iJfrL1ili Manner Served:

First Name:

Middle Name: Last Name:

Suffix: Law Firm Name; ;,:;

Adth ess —a ___________

Address 2: -. afl... - -

City State Te,s Zip±4: Telephone ;iL__,.g_z__ efl —

aX.

Email - ,, - — — —— -C_ ‘r,..-.-. —

— If Attorney, Representing Party’s Name:

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