Hassan Chahadeh v. Regions Bank

Opinion

ACCEPTED 01-15-00656-CV FIRST COURT OF APPEALS HOUSTON, TEXAS Appellate Docket Number: 01-15-00656-CV 8/20/2015 5:33:25 PM CHRISTOPHER PRINE Appellate Case Style: Hassan Chahadeh CLERK

Vs. Regions Bank

Companion Case No,: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/20/2015 5:33:25 PM CHRISTOPHER A. PRINE Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: 1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s)

0 Person ❑ Organization (choose one) Lead Attorney First Name: Wade First Name: Hassan Middle Name: T. k ,talegbrusl-

Middle Name: Last Name: Howard Aft Ali Last Name: Chahadeh Suffix: Law Firm Name: Liskow & Lewis Suffix: Pro Se: Q Address 1: 1001 Fannin Address 2: Suite 1800

City: Houston State: Texas Zip-Fit: 77002

Telephone: 713-651-2886 ext. Fax: 713-651-2908 Email: wthoward@liskow.com

SBN: 00787725

12 Person ❑ Organization (choose one) • Lead Attorney First Name: Alma First Name: Hassan Middle Name: F.

Middle Name: Last Name: Gomez

Last Name: Chahadeh Suffix: Law Firm Name: Liskow & Lewis Suffix: ,,. Pro Se: 0 Address 1: 1001 Fannin Address 2: Suite 1800

Page 1 of 10 City: Houston State: Texas Zip+4: 77002 Telephone: 713-651-2974 ext. Fax: 713-651-2908 Email: afgomez.@liskow.com SBN: 24069800

III. Appellee IV. Appellee Attorney(s) Person ®Organization (choose one) Z Lead Attorney First Name: Andrew First Name: Middle Name: 1. Middle Name: Last Name: Kerr Last Name: Suffix: Suffix: Law Firm Name: Strasburger & Price, LLP Pro Se: 0 Address 1: 2301 Broadway Street Address 2: City: San Antonio State: Texas Zip+4: 78351 Telephone: 210-250-6015 cxt. Fax: 210-258-2721 Email: andy.kerr@strasburger.com SBN: 11339500

III. Appellee IV. Appellee Attorney(s) ❑ Person El Organization (choose one) ❑ Lead Attorney First Name: Charles John Muller First Name: Middle Name: John Middle Name: Last Name: Muller, IV Last Name: Suffix: Suffix: Law Firm Name: Strasburger & Price, LLP Pro Se: 0 Address 1: 2301 Broadway Street Address 2: City: San Antonio State: Texas Zip+4. 78251 Telephone: 210-250-6015 ext. Fax: 210-258-2721 Email: john.muller@strasburger.com SBN: 24070306

III. Appellee IV. Appellee Attorney(s) ❑ Person ®Organization (choose one) ❑ Lead Attorney First Name: Clifford First Name: Middle Name: Bowie

Page 2 of 10 Middle Name: Last Name: Husted Last Name: Suffix: Suffix: Law Firm Name: Strasburger & Price, LLP Pro Se: Q Address 1: 909 Fannin Street Address 2: Suite 2300 City: Houston State: Texas Zip+4: 77010 Telephone: 713-951-5600 ext. Fax: 713-951-5660 Email: Bowie.husted@strasburger.com SBN: 00796803

Page 3 of 10 V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Contract

Date order or judgment signed: 4/27/15 & 6/29/15 Type of judgment: Summary Judgment Date notice of appeal filed in trial court: July 29, 2015 If mailed to the trial court clerk, also give the date mailed:

Interlocutory appeal of appealable order: ❑ Yes 0 No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): ❑ Yes a No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): • Yes No

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

Agreed? (See TRAP 28.2): ❑ Yes a 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 iNo Judgment or order disposes of all parties and issues: a Yes • No Appeal from final judgment: • Yes ❑ No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? ❑ Yes U No

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: IllYes No If yes, date filed:

Motion to Modify Judgment: ❑Yes a No If yes, date filed: Request for Findings of Fact ❑ Yes 5 No If yes, date filed: and Conclusions of Law: Motion to Reinstate: ❑ Yes • No If yes, date filed: 5 Yes W 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 a No If yes, date filed:

Contest filed in trial court: 5Yes • No If yes, date filed:

Date ruling on contest due:

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

Page 4 of 10 VIII. Bankruptcy

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

Date bankruptcy filed: Bankruptcy Case Number;

IX. Trial Court And Record

Court: 270th Clerk's Record: County: Harris Trial Court Clerk: D County i4 District Trial Court Docket Number (Cause No.): 2012-674124 Was clerk's record requested? Yes D No

If yes, date requested: August 20, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Brent Were payment arrangements made with clerk? Middle Name: ®Yes ON° Indigent Last Name: Gamble (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 201 Caroline Address 2 : Suite 420 City: LIQUston State: Texas Zip + 4: 77002 Telephone: 713-368-6400 ext. MR Fax: Email:

Reporter's or Recorder's Record:

Is there a reporter's record? D Yes No Was reporter's record requested? 0 Yes 0 No

Was there a reporter's record electronically recorded? D Yes ci No If yes, date requested:

If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? D Yes ❑ No DIndigent

Page 5 of 10 • Court Reporter • Court Recorder ❑ Official ❑ Substitute

First Name: Middle Name: Last Name: Suffix: Address!: Address 2: City: State: Texas Zip + 4: Telephone: ext. Fax: Email:

X. Supersedeas Bond

Supersedeas bond filed: Yes • No If yes, date filed: July 29, 2015

Will file: ❑ Yes ❑ No

XL 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: Has the case been through an ADR procedure? •Yes ❑ No If yes, who was the mediator? Alice Oliver Parrott What type of ADR procedure? Mediation At what stage did the case go through ADR? Pre-Trial ❑ Post-Trial ❑ Other

If other, please specify:

Type of case? Contract 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): The trial court erred in granting Regions' summary judgment against Chahadeh for amount allegedly due on a promissory note, pursuant to a commercial, guaranty signed by Chahadeh. How was the case disposed of? Summary Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages: $1,060,014.10 Punitive (or similar) damages: $0.00

Page 6 of 10 Attorney's fees (trial): $433,613.83 Attorney's fees (appellate): $0.00 Other: If other, please specify:

Will you challenge this Court's jurisdiction? ❑ Yes ►mod No Does judgment have language that one or more parties "take nothing"? VI Yes ❑ No Does judgment have a Mother Hubbard clause? EgYes ❑ No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): ❑1 ❑2 ❑3 4 Ei 5 Please make my answer to the preceding questions known to other parties in this case, E] Yes ❑ No Can the parties agree on an appellate mediator? ❑ Yes [Ej 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:

XII1. 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 7 of 10 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 Listsery to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? ❑ Yes Z 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 X 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 Z 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.slitml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? ❑ Yes Z 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 littmli,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: August 20, 2015

Printed Name: Alma F. Gomez State Bar No.: 24069800

Electronic Signature: /s/ Alma F. Gomez (Optional)

Page 8 of 10 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 Ay ust 20, 2015 •

SIgnature of counsel (or pro se party) Electronic Signature: Is/ Alma F. Gornez (Optional)

State Bar No.: 24069800 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: August 20, 2015 Manner Served: Email

First Name: Andrew

Middle Name: L• Last Name: Kerr Suffix: Law Firm Name: Strasburger & Price LLP

Address 1: 2301 Broadway Street Address 2: City: San Antonio State Texas Zip+4: 78215 Telephone: (210) 250-6015 ext. Fax: (210) 258-2721 Email: andy.kerr@strasburger.com If Attorney, Representing Party's Name: Regions Bank Please enter the following for each person served:

Page 9 of 10 Date Served: August 20, 2015 Manner Served: Email

First Name: Clifford

Middle Name: B. Last Name: I lusted Suffix: Law Firm Name: Strasburger & Price LLP

Address 1: 909 Fannin Address 2: Suite 2300

City: Houston State Texas Zip+4: 77010

Telephone: (713) 951-5600 ext, gun Fax: (713) 951-5660 Eni a j bowieltusted@strasburger.com

If Attorney, Representing Party's Name: Regions

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