in the Interest of A. L. D. L., a Child

Opinion

FILED IN Appellate Docket Number- 1STCOURT OF APPEALS HOUf . *AS - Appellate Case Style: [. • •v 'Of \ 1 .kuD, : :NOVl«0i5 Vs. .b\fevev-\-M^e Wcx>^^oe>- -. •CmiSTQBHl !ll!Si!:i*3*i!li Companion Case No.: CLERK

Amended/corrected statement: DOCKETING STATEMENT (Civil)

AppellateCourt:[te ' "i " ". • •_', .Zj (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

tppell mi I. Anneil H. Appellant Attomey(s)

pH Person Q Organization (choose one) • Lead Attorney FirstName: "7\7.""j First Name: Middle Name:

Middle Name: '• , • .; .^^ Last Name: I- SiSlSl ?P;!^®3p^p^»s-:^ Last Name: F '; •_ . - •Suffix: ES

Suffix: Law Firm Name:

ProSe: Q Address 1:

Address2:' ,' [ ~ ZSZ^S. 117.. I 7 II ll ] city- '.: .. .71 .' " LI 77 -,j State: te '"i 3 ziP+4: : . - Telephone: likkibi ext. L_ ic?l Fax-

Email: fVSSSST^WV SBN: is Ml . ; p it, E IV. Appellee Attorneys). - -/' - fv Person fj Organization (choose one) • Lead Attorney FirstName:

FirstName: Middle Name: f •; . . ••'• ' .. . ' • ••'•:•:.':.••.: .{

Middle Name: iSMC&ilid Last Name: [£ Last Name: \ Suffix: 12 re^-:^~^™»-p suffix: ;?""_; ' J Law Firm Name:;

Address 2: msr.

State: zip+4: [". Telephone: Fax: ;rr , Y-~.7-'Vc Email: SKBE SBN:

Page 1 of 7 V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): SIC Date order or judgment signed: Type ofjudgment: * . , , - , , . „ , . . j ^s^iX^ij^jj

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

Interlocutory appeal ofappealable order: QYes Q'No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): ?......'/......' ' - .'.... ., '...',....

Accelerated appeal (See TRAP 28): D Yes • No If yes, please specify statutory or other basi^on which appeal is accelerated: is'tj&^SsiSis^

ParentalTermination or Child Protection?(See TRAP 28.4): 0Yes fjNo

Permissive? (See TRAP 28.3): QYes QNo If yes, please specify statutory or other basis for such status: tJcl5l|fl(:Sf ~IlTi5I^J7S|!Sx^s<3rj

Agreed? (See TRAP 28.2): • Yes B^o If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: LJ Yes • No If yes, please specify statutory or otherbasisfor such status: ... „ ~-T~r.l

Does this case involvean amount under $100,000? • Yes 0No Judgment or order disposes of all partiesand issues: • Yes 0^o Appeal from final judgment: Qj Yes FlNo Does the appeal involve the constitutionality Or the validity ofa statute, rule, orordinance? • Yes p|^o VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: QYes • No Ifyes, date filed: '-'-, Motion to Modify Judgment: •Yes [g-fto Ifyes, date filed: Request for Findings of Fact • Yes C^No If yes, date filed; and Conclusions of Law; Motion to Reinstate: QYes iffNo Ifyes, date filed:

Motion under TRCP 306a: • Yes CfNo Ifyes, date filed:

Other: • Yes f^No If other, please specify: 'SSSi VII. Indigency Of Parry: (Attach file-stamped copy of affidavit, and extension motion if filed.) IBfli Affidavit filed in trial court: Q'Yes • No If yes, date filed:

Contest filed in trial court: CjYes Q4Jo If yes, date filed:

Date ruling on contest due:

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

Page 2 of 7 CX ^ff^i^^i&ei VIII. Bankruptcy 'iCJ'SS

Has anyparty to thecourt's judgment filed for protection in bankruptcy which might affect thisappeal? • Yes Q'No If yes, please attach a copy of the petition.

Date bankruptcy filed: [ _ Bankruptcy Case Number:

'••7&TV ^rT:'*;**fe IX. Trial Court And Record

Court: 3 .V .' ...... Clerk's Record: County: ^,- -....;. _ _ •. .—...—1 TrialCourtClerk: •District 0 County Trial Court Docket Number (Cause No.): . ... . , Wasclerk's record requested? • Yes 0No If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested FirstName: T~ y"'", . .. 1J Were payment arrangements made with clerk? Middle Name 777777 _' • 17 773 DYes QNo Bmdigent Last Name: (Note: No request required under TRAP 34.5(a),(b)) Suffix:

Address 1: ',,"""*""' "i

Address 2:

City: S --• .»> • .v' . 1 77 .'. State: ;\ ~ •' • ; __ _ Zij ' r^ \ _'" ; Telephone: K : - •" . ,3 ext- I Fax:

Fmflii* !5S5fi ! : , .—_—

Reporter's or Recorder's Record:

Is there a reporter's record? 0Yes • 0Ye No Was reporter's record requested? QYes 0No Was there a reporter's record electronically recorded? QYes • No N If yes, date requested:

If no, date it will be requested: [ Were payment arrangements made with the court reporter/court recorder? •Yes • No [vlfridigent

Page 3 of 7 • Court Reporter • Court Recorder • Official • Substitute

-•------.---••.~—'-"-—------.

First Name: f Middle Name: L wSi0%i^ii&Sm'0^^S^^ T _. XT Last Name:

Suffix: ; j Address 1:

Address 2: j?tflltIi*i$;fX^ City: State: Zip+ 4: f Telephone: Q77777 J ext- 77 . Fax: E7 l_7ii .7 ... J Email: i~~~~7 " 77 ' ~~~ X. Supersedeas Bond ^^ViWmmMm

Supersedeas bond filed:• Yes Q No Ifyes, date filed: ||| Will file: • Yes • No

XI. Extraordinary Relief

Willyou request extraordinary relief(e.g.temporary or ancillary relief) from this Court? • Yes Q/No If yes, briefly state the basis for your request: {_ _

XII, Alternative Dispute Resolution/Mediation (Complete section if fding in the 1st, 2nd, 4ths 5th, 6th, Sth. 9th, 10th, i 1th, 12th. 13th, - . , .i

Should this appeal bereferred tomediation? r~l Y c F3I N 0N Ifho, please specify:^ •_ •••-,-•-*'. : ••. eo ,---" ' ' • •'.'••. . ...... .- , Has the casebeentiu-ough an ADRprocedure? •Yes H No laps If yes, who was the mediate What type ofADR procedure? | ixjt^m.

At what stagedid the case go through ADR? • Pre-Trial • Post-Trial • Other If other, please specify: "" " " fypeofcase? £ 7 j ; ; Q /./• . [ '. "" ,, " " , 7; . 7J 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):

..v.^..' • .i\ ,-,-': • '.', • ••; '. \ . • •:. '. <•:•:•• ••. .•.'•. ••••..-

How wasthe case disposed of? \X, 3 '•_-.-...-_. Summary of relief granted, including amount of money judgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: L . Page 4 of 7 Attorney's fees (trial): Attorney's fees (appellate): .- •• i Other:

If other, please specify: [ . . IB

Willyou challenge this Court's jurisdiction? • Yes [jNo Does judgment have language that one or more parties "take nothing"? • Yes [vfNo Doesjudgment havea Mother Hubbard clause? • Yes • No Other basis for finality? , ... Ratethe complexity of the case(use 1 for leastand 5 for mostcomplex): • 1 • 2 • 3 • 4 W\5 Pleasemakemy answer to the preceding questions known to otherparties in this case. • Yes 0 No Can the partiesagreeon an appellate mediator? • Yes QNo 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 WAi

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: ~v~f^r- Vs- l|ilfll^^ Uf|t|^l:

Page 5 of 7 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. Ifyour 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 ifyou 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 representyou. Accordingly, you should not forego seeking other counselto representyou 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. y/ Doyou want thiscase to beconsidered for inclusion in theProBono 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 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.

Ifyou haVe not previously filed ah affidavit ofIndigency and attached a file-stamped copy ofthat affidavit, does your income exceed 200% of the U.S. Department of Healthand Human Services Federal Poverty Guidelines? • Yes QNo

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 todisclose your financial circumstances tothe Pro Bono Committee? LvYes L~J No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found m the Clerk's Officeor on the internet at http://www.tex-app.org. Yourparticipation in the Pro BonoProgram may be conditioned uponyour 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 theright to raise additional issues or request additional relief; usea separate attachment, if necessary).

Signature ofcounsel (or prose party) t\ J Date: L-YWio'-l'SL- : '

Printed Name: State Bar No.:

X Electronic Signature: (Optional)

Page 6 of 7 •m$*m 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'sorderor judgmentas follows on F\ . . . /

tgjjfrO krJol Signature of counsel (orprose party) [\ J Electronic Signature: (Optional)

State Bar No.: Person Served

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of servicemust be sighedby the personwho madethe service and must state:

(1) the dateand 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: [j5 , •"_,•. '" " ', Manner Served: [j ' ."_ ,, _ \ First Name:

Middle Name:

LastName: fc .' - - ., Suffix.

Law Firm Name:

Address 1:

City: TVCJk,'-. .v,'". • State Te Zip+4: Lr Telephone: Fax: 55- S5j Em*1: :

If Attorney, Representing Party's Name: ;l . , » ;

Page 7 of 7 ••i y O >*•

ai n fi &• •31

•s \-V