in the Estate of Jorge Alejandro Palmeros

Opinion

ACCEPTED

06-16-00043-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 7/8/2016 4:18:39 PM

Appellate Docket Number: 06-16-00043-CV DEBBIE AUTREY CLERK

Appellate Case Style: ln the Est. of Jorge Alejandro Palrneros, Dece:aseA

Vs.

Companion Case No.: FILED IN 6th COURT OF APPEALS

TEXARKANA, TEXAS 7/8/2016 4:18:39 PM

DEBBIE AUTREY

Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk

Appellate Court: 6th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant IJ, Appellant Atterney(s)

[ Person 0 0rgamzation (chooseone) C LeadAttorney First Name: Paul

FirstName: Alejan=dro Middle Name: R.

Middle Name: Jorge Last Name: Hornung LastName: Palrneros Suffix:

Suffix: Law Firrn Name: Law Oftices of Domingo A. Garcia, P'.C. Pro Se: 0 Address l : 600 Bank of America Twr. - Oak Cliff Address 2: 400 S. Zang Blvd.

City: Dallas State: Texas Zip+4: 75208 Telephone: 214/9414300 ext. 142 Fax: 214"943-7536

Email: paullaw(swbeil.net SBN: 00795831

L Appellant Il. Appellant Attorney(s)

[gl Person g Organization (chooseone) [] Lead Attorney First Name:

First Name: Maria Middle Name:

Middle Name: Dolores Last Name:

Last Name: Osornio Suffix:

Law Firm Name:

Suffix:

ProSe: 0 Address l:

Address 2:

D'wrsm 1 rsG 1 n

City:

State: Texas Zip+4: Telephone: ext. Fax:

Email:

SBN:

I. Appellant 11. Appeltant Attormey(s)

0 Person § Organization (chooseone) 0 LeadAttorney Organization Name: The Law Office of Domingo Garcia, p.c. First Name: FirstName: MiddleName:

MiddleName: LastName:

LastName: Suffix:

Suffix: LawFirmName: ProSe:0 Addressl:

Address 2:

City:

State: Texas Zip+4:

Telephone: ext. Fax:

Email:

SBN:

111. AppelMee IV. Appellee Attorney(s) [g Person gOrganization(chooseone) [g LeadAttorney First Name: J.

FirstName: Brandie MiddleName: A.

MiddleName: LastName: Asafi

LastName: Solis Suffix:

Suffix: LawFirrnName:

ProSe: 0 Addressl: P.O.Box460082 Address 2:

City: Houston

State: Texas Zip+4: 77056 Telephone: 713/629-8600 e,I Fax: 713/639-8600

Email: Asafi@AsafiLawFii'rn.cono SBN: 24043536

111. Appellee IV. Appeilee Attorney(s)

[g Person [i Organization (choose one) [J Lead Attorney First Name: George

First Name: George Middle Name: L.

D?<a'a - ') /%$ 1 r!

Middle Name: L. Last Name: Preston

Last Name: Preston Suffix:

Suffix: Law Firm Name:

Pro se: O Address l: 16 Clarksville St.

Address 2:

City: Paris

State: Texas

Zip+4: 75460-5809

Telephone: 903/785-1693 ext.

Fax: 903/785-1696

Email: glplegalasst@yahoo.com SBN: i6270000

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V. Perfection Of Appeal And Jurisdiction I

I

Nature of Case (Subject matter or type of case): Estate proceediixgs and Adrninistration

Date order or judgment signed: June 7, 2016 Type of judgment: Bench Tria1

Date notice of appeal filed in trial court: June 23, 2016 If mailed to the trial court clerk, also give the date mailed: ri/a

Interlocutory appeal of appealable order: [] Yes § No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Sectioii 32.001(c) of the Texas Estates Code Accelerated appeal (See TRAP 28): €YesDN0 If yes, please specify statutory or other basis on which appeal is accelerated: n/a

ParentalTerrninationorChildProtection?(SeeTRAP28.4): []Yes ?No

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

ri/a

Agreed? (See TRAP 28.2): € Yes € NO If yes, please specify statutory or other basis for such status:

ri/a

Appeal should receive precedence, preference, or priority under statute or rule: €YesXN0 If yes, please speci fy statutory or other basis for such status: n/a

Doesthiscaseinvolveanamountunder$l00,000? [JYes[]No Judgment or order disposes of all parties and issues: § Yes []No Appeal from final judgment: (Q Yes 0 No Doestheappealinvolvetheconstitutionalityorthevalidityofastatute,rule,orordinance? 0Yes§No

Vl. Actions Extending Time To Perfed Appeaj l I

Motion for New Trial: []Yes [g No If yes, date filed: ri/a

MotiontoModifyJudgment: []Yes [giNo If yes, date filed: n/a Request for Findings of Fact 0 Yes [gl NO If yes, date filed: n/a and Conclusions of Law:

Motion to Reinstate:

€Yes €N0 If yes, date filed: a'i}a gYes§No If yes, date filed: n/a Motion under TRCP 306a:

Other: gYes [glNo If other, please specify: n?a

Vll. lndigency Of Party: (Attach file-stamped cops' of affidavit, and extension motion if flled.)

I

I

Affidavit filed in trial court: € Yes G NO If yes, date filed: ia

Contestfiledintrialcourt: €Yes €N0 If yes, date filed: n/a

Date ruling on contest due: n/a

Ruling on contest: g Sustained [] Overruled Date of ruling:

ri.-. A .-t qts

Vlll. Bankrnptcy

Hasanypartytothecourt'sjudgmentfiledforprotectioninbankmptcywhichmightaffectthisappeal? gYes§No If yes, please attach a copy of the petition.

Date bankniptcy filed: n/a Bankruptcy Case Number:

IX. Trial Court And Record

Court: CountyCourt Clerk'sRecord:

Coun' HoPk'ns TrialCourtClerk: gDistrict [QCounty TrialCourtDocketNumber(CauseNo.):Pl5-13793 Wasclerk'srecordrequested? [iYes [JNo If yes, date requested: n/a Tr!al Judge (WhO fried Or djSPOSed Of CaSe): If no, date it will be requested: July 19, 2016 F'S' Name: Roe Were payment arrangements made with clerk? MiddleName: §Yes€NOJndigent Last Name: Newsom (Note: No request required under TRAP 34.5(a),(b))

Suffix:

Address l: P. 0. Box 288

Address 2 :

City: Sulphur Springs State: Texas Zip+4: 75483 Telephone: 903/438-4006 ext. Fax: 903/4381-41 10

Email: cclerk@hopkinscountytx.org

Reporter's or Recorder's Record:

Is there a reporter's record'. (gYes [i No Wasreporter'srecordrequested? [lYes[JNo

Was there a reporter's record electronically recorded? § Yes 0 No If yes, date requested: ia

If no, date it will be requested: July 19, X) 16 Were payment arrangements made with the court reporter/court recorder? €Yes € NO []Jndigent

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[giCourt Reporter [gl Court Recorder QOfficial []Substitute

First Name: Janna

Middle Name:

Last Name: Ruisliing Suffix:

Address 1 : P. 0. Box 48

Address 2:

City: Cooper State: Texas Zip+4: 75432 Telephone: 903/268-2942 ext. 'Fax:

Email: rushingrepoitmg@yaboo.com

X. Supersedeas Bond

Supersedeas bond filed: [] Yes [§ No If yes, date filed: ryla

Will file: [J Yes g No

Xl. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary reief) from this Court? g Yes [gl No If yes, briefly state the basis for your request: n/a

Xll. Alternative Dispiite Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, l 1th, 12th, 13th, hr 14ta& Court of Appeal)

Should this appeal be referred to mediation? € Yes o No If no, please specify:Appel}ees and tlieir attorneys heve no rnotiyation to mediate. Has the case been through an ADR procedure'. [iYes § No If yes, who was the mediator? n/a What type of ADR procedure? ri/a At what stage did the case go through ADR? 0 Pre-Trial [] Post-Trial 0 0ther If other, please specify: n/a

Type of case'! Estate proceedings and Adrninistration Give a brief description of the issue to be raised on appeal, the relief souglit, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): rem<ival or MS. SoJis aS lndependent Administratix, whether $ i,ooo.oo should bc paid to Mr. Preston, breach of judicial discretion & dc nOVO review

How was the case disposed o'. Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. $1,000.00 as witness fee assessment

Ifmoneyjudgment,whatwastheamount?Actualdamages: $1,000.00 Punitive (or similar) damages: $0.00

ri--- c -t q rs

Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: $0.00

If other, please specify: n/a

Will you challenge this Court's jurisdiction? [] Yes [J No Does judgment have language that one or more parties "take nothing"? [] Yes § No Does judgment have a Mother Hubbard clause? [§Yes [1 No Other basis for finality? Order denyirig motion to remove Ms. Solis states it is fina1 and appealable. Rate the complexity of the case (use 1 for least and 5 for most complex): g 1 [J2 g 3 [] 4 [] 5 Please make my answer to the preceding questions known to other parties in this case. [J Yes 0 No Can the parties agree on an appellate mediator? 0 Yes § No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email n/a

Languages other than English in which the mediator should be proficient: Spanisli Name of person filing out mediation section of docketing statement: Bill Nelson, paraiegal

Xlll, R61aied Matters

List any pendir+g or past related appeals before this or any other Texas appellate court by couit, docket number, and style.

DocketNumber:n/a TrialCourt:

Style:

Vs.

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rXIV. Pro Bono Program : (Complete section if filing in the 1st, 3rd, 5th, or l 4th Courts of Appeals) 1 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-'nve (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 § 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 regardingtheappeal? €Yes [gN0 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. Departrnent of Health and Human Services Federal Poverty Guidelines? 0 Yes [X No

These guidelines can be found in the Pro Bono Program Pamph]et as well as on the internet at littp://aspe.hhs.gov/poveity/06poveity.slitml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? € Yes [X NO If yes, please attach an Affidavit of Indigency comp]eted 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

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Signature of counsel (or pro se party) Date: July 8. 2016

Printed Name: Paul R. Hornurig State Bar No.: 00795831

Electroiiic Signature:

(Optional)

D,,, 0 ,l 1 A

l XVI. Certificate of Service

l

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

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Signature of counsel (or pro se party) Electronic Signature:

(Optional)

State Bar No.: 0079583 )

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:

(l) 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: July 8, 20i6 Manner Served: eServed

First Name: J.

Middle Name: A.

Last Name: Asafl Suffix:

Law Firm Name:

Address 1 : p.o. Box 460082

Address 2:

City: Houstoii

State Texas Zip+4: 77056

Telephone: 713/629-8600 ext.

Fax: 713/629-8600

Email: Asafi@AsafiLawFirr+i.com If Attorney, Representing Party's Name: Brandie Solis

Please enter the following for each person served:

D'?ries O rsl 1 l'l

Date Served: July 8, 2016 Mamier Served: eServed

First Name: George

Middle Name: L.

Last Name: Preston Suffix:

Law Firrn Name:

Addressl: 16ClaitsvilleSt.

Address 2:

City: Paris

State Texas Zip+4: 75460-5809 Telephone: 903f785-1693 ext.

p2sz; 903/785-?696

Email: glplegalassst@yahoo.com

If Attorney, Representing Party's Name: George L. Prestori

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