in the Interest of G.R.M. and G.A.A.M., Children

• Court: Court of Appeals of Texas
• Decided: May 21, 2018
• Docket: 05-18-00594-CV
• Status: Published

Opinion

_____ ___________________________ ________________________ ____________ _____

Appellate Docket Number: 05-18-00594-CV Appellate Case Style: Vs. ‘aGft _Sr

Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate (La be filed in the court of appeals upon perfection of appeal under TRAP 32)

I

(I1Jtn Q Organization (choose one) Q Lead Attorney First Name: flrø Middle Name: ‘4--& I First Name:

Middle Name: Last Name:

Last Name; Suffir

Suffix:.,E Address 1: Pro Se: Q Address 2: City: State: T!iJ-Li;bai- Zip+4: Telephone _— - efl Fax: L.4:E: Email:

n& qlee ::r-t!jt

[I1_2on QOrganization (choose one) Q Lead Attorney First Name: GIG FirsiName: Middle Name: --it -

Middle Name: L- z i%ai:th Last Name: -.

Last Name Suff: --

Pro Se: Q Address 1: 3 Address 2 City: uucQc,.:-:. zr- - •_a.....2

State: Th i.n . Zip+4; k:1 7L3LthL Telephone: aS4kt±ft]a. Fax: Email: 4:iC. SBN Page 1 of 7 __________

Nature of Case (Subject matter or type of case) C-Crkun CJtcs1t CJu4 at sc.rp411’4 -/ i2NiX flL)i7L(_... Date order or judgment signeth ;Y2LjL211 Type ofjudnent: ;.;

Dale notice of appeal flied in that court -

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

Interlocutory appeal of appealable order: DYes Q No TRAP 28): If yes, please specii3’ statutory or other basis on which interlocutory order is appealable (See

Accelerated appeal (See TRAP 28): Q No

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

Permissive? (See TRAP 28.3): Q Yes Q No If yes. please specifY statutory or other basis for such status:

Agreed? (See TRAP 28.2): Q Yes El No If yes, please speci1 statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: C Yes Q No If yes, please specifY statutory or other basis for such status: - - tj:,- — — -,3 Does this case involve an amount under $100,000? j}’4 QNo Judgment or order disposes of all parties and issues: Q Yes QNo -

Appeal from final judgment: Q Yes Q No Does the appeal involve the cDnstilutionality or the validity of a statute, rule, or ordinance? Yes UNo

VT AcoLE 4,(titT%9rcpA . Z’%’1J. -;

Motion for New Trial: QYes Q No If yes, date filed: Motion to ModifY Judgment: QYes Q No If yes. date tiled: Request for Fmdmgs of Pact El Yes No If yes, date tiled and Conclusions of Law: - - -- Motion to Remstate,.._— jcf’Q No If yes, dale filed

Motion under TRCP 306a: Q Yes Q No If yes date filed j., - . —

Other: Q Yes fl No If other please specifY - I. t4 — - -

Affidavit tiled in trial court: C Yes Q No If yes, date filed:

Contest filed in thai court: QYes Q No If yes, date flied:

Date ruling on contest due:

Ruling on contest: fl Sustained C Overruled Date of ruling: *-LI.j;

Page2oI7 ‘(1W &P f1 r.rCJt? 5 might affect this appeal? QYes IJ2JC Has any party to the couits judgment filed for protection in bankruptcy which If yes, please attach a copy of the petition.

Date bankruptcy filed: L••,•__ Bankruptcy Case Number;

Conit . ClerWs Record:

County: jz* tkd.. Trial Court Clert Q District Q County Tria’ Court DocketNumber (Cause No.): Was clerk’s record requested? Q Yes Q No If yes date requested -

rrial Judge (who tried or disposed of case): lino date it wilt be requested .-

FirstName: Were payment arrangements made with clerk? t._ QYes QNo Qlndigent - -

Middle Name: I afl KT ame. — —— I -.--t (Note: No request required under TRAP 345(a),(b)) Suffix: Address I: Address 2; City: I- ::tir.-

State Tjr Zip +4 Telephone; ext. -

.

Email;

Reporter’s or Recorder’s Record;

Is there a reporter’s record? QYes Q No Was reporter’s record requested? QYes flNo

Was there a reporter’s record electronically recorded? C Yes Q No If yes, date requested:

Ifno, date it wiJI be requested: Were payment arrangements made with the court reporter/court recorder? Qyes Q No Qiudigent

Page 3 o17

—. . __________ _______ ____ ___________________

Q Court Reporter Q Court Recorder Q Official CI Substitute

First Name: Middle Name: Last Name:

u,.k>:..:: Suffix: . --

Address 1: L.t:i-.uk4”1.fl. Address 2: City: State Zip+4 Telephone ext.

Fax: .

Email:

Supersedeas bond filed:Q Yes Q No If yes, date filed:

Will file: Q Yes Q No

xj. fxof%rY tr4 %rtt’”; r

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Cowl? If yes, briefly state the basis for your request: Jt&Th>I ;1 .P QYes ç4i! No .‘ : :aiaL..

Should this appeal be referred to mediation? Y Q No lfno,pleasespeci,:. -

Has the case been through an ADR procedure? QYes (El No Ifyes, who was the mediator? _ t.,; . -

What type of ADR procedure’ ri - ;Z7ZCt’4tz..; At what stage did the case go through ADR? Q Pre-Thal Q Post-Trial Q Other If other, please speci&: ., .

Type ofease? .. Ajtt a.L Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, known if (without prejudice ta the right to raise additional issues or request additional relie:

How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded .. --

If money judgment, what was the amount? Actual damages: :- .

Punitive (orsimilar) damages: .-;ri;;.

Page 4 of 7 _____ ___________ _____ ___________ _____ _______________ _____

Attorney’s fees (trial): Attorney’s fees (appellate): - Other: -r ;- 4à -- -.

If other, please specit3r:jj:t iit_irt -

Will you challenge this CourVs jurisdiction? QYes C] No Doesjudgment have language that one or more parties “take nothing”? C] Yes C] No Does judgment have a Mother Hubbard clause? QYes C] No - -

Otherbasisforfinality? : Rate the complexity of the case (use I for least and 5 for most complex): C] 1 C] 2 C] C] 4 C] S 3 -- - ---—H -- Please make my answer to the preceding questions known to other parties in this case. QYes C] No Can the parties agree on an appellate mediator? C] Yes C] No If yes, piease give name, address, telepbone, 1k and email address: Name Address —I Telephone Fax Email —‘--4 ‘—--—.—‘—-.—‘—— nc—-:..— - •--- — -

-. I___. _, -

Languages other thanEnglish inwhicb the mediatorshould be proflcient: Name of person filing out mediation section of docketing statement:

List any pending or past related appeals before this or any other Texas appeflate court by court, docket number, and style.

Docket Number: Trial Court: jj; j - —

Style

Vs.

Page 5 o17

— rmr—---—sç-j flnjr- mcv — -. _

flY. Pra onflraram; (complete ectio!1 jf fihiqp kjbe lsç, rd, 5th, or 411k ppr$s 4w’1) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro BonD 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 infonnation regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerks 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, die 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 infonnation about your case, including parties and background, though 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? [j3A€ Q No Do you authorize the Pro Bo9.eiUee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Lk es fl 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 lndigency and attached a file-stamped copy of that affjavit. does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Q Yes iNo These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at Iittp:/)aspe.Iihs.covfpoverw)D6poVeflV.5I1nnl.

e you willing to disclose your financial cfrcumstances to the Pro Bono Counnittee? Qfl No If yes, please attacti an Affidavit of Indigency completed and executed by the appellant or appetlee. SampLe forms may be found in the Clerk’s Office or on the internet at http://www.tex-aDn.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, ifnecessaiy).

K ,j . -rS - -

fnaiure counsel (or pro se patty) Date:

C Printed Name: ...U>CQLu.& State BarNo.:

Electronic Signatme:

(Optional) ——

Page 6 of 7

— —

-

— _________________________________________ _______________________________________________ ________________________ _____________________ ____________ ________ _____

XVI CeQctqSprycF The undersigned counsel certifies that this docketing statement has been sewed dn the following lead counsel for all parties to the thai courCs er orjudginent as follows on

Signature of unset (or pro Se party) Electronic Signature: (Opiional)

StateflarNo.: 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 sewed:

Date Sewed:

Manner Served:

First Name:

Middle Name: Last Name: Suffix: .r.r -

Law Firm Name

City; c State Thcq[.L: . ;. Zip+4:

Email: If Attorney, Represenng Party’s 11am e:

Page7ol7

rTUt