in the Interest of S.C. and K.C., Children

• Court: Court of Appeals of Texas
• Decided: May 31, 2018
• Docket: 05-18-00629-CV
• Status: Published

Opinion

ACCEPTED 05-18-00629-CV 05-18-00629-CV FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05-18-00629-CV 5/31/2018 5:23 PM LISA MATZ Appellate Case Style: In The Interest Of S.C. and K.C., Children CLERK Vs. Companion Case(s): FILED IN 5th COURT OF APPEALS DOCKETING STATEMENT (Civil) DALLAS, TEXAS Appellate Com t: 5th Court of Appeals 5/31/2018 5:23:54 PM (to be filed in th e comt of appeals upon p erfection of appeal under TRAP LISA32)MATZ Clerk N OTE: Because space for additional parties I attorneys is limited on this form, )'l?U can include the infonnati.on on a separate document. As per TRAP 32.1 and 9.4, please include party's name and the name, address, email address, telephone nwnber, fax number, if any, and state Bar Number ofthe party's lead counsel. Ifthe party is not represented by an attorney, that party's name, address, tekphone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued x Person Organization Lead Attorney Select Name: James Dondero Name: Pro Se Bar No. If Pro Se Party, enter the following information: Film Name: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip:

1Email: - - - - - - - - - - - - - - - - - - - - - - - - - 1 Tel. Ext. Fax: i--11_._A_.,P.__Pe_ll_a_n_t_A_tt_o_r_n_ey ........ (s....._)_ _ _ _ _ _ _ _ _ Email: x Lead Attorney Retained --------------------- Lead Attorney Select Name: Scott S. Hershman Name: Bar No. 00793205 Bar No. Film Name: Film Name: Address 1: 3 102 Oak Lawn Avenue Address 1: Address 2: Suite 777 Address 2: City/State/Zip: Dallas, TX 75219 City/State/Zip: Tel. (214) 560-2201 Ext. Fax: (214) 560-2203 Tel. Ext. Fax: Email: Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Film Name: Film Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 10 III. Appellee IV. Aooellee Attorney(s) - Continued x Person Organization Lead Attorney Select Name: Rebecca Dondero Name: Pro Se Bar No. If Pro Se Party, enter the following inform ation: Film Name: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: IV. Appellee Attorney(s) Email: x Lead Attorney Retained

Name: Ira Bowman Lead Attorney Select

Bar No. 24050316 Name: Film Name: Godwin Bowman & Martinez PC Bar No. Address 1: 1201 Elm St. Film Name: Address 2: Suite 1700 Address 1: City/State/Zip: Dallas, TX 75270 Address 2: Tel. (214) 939-4400 Ext. Fax: City/State/Zip: Email: IBowman@GodwinBowman.com Tel. Ext. Fax: Email: Lead Attorney Select

Name: Lead Attorney Select

Bar No. Name: Film Name: Bar No. Address 1: Film Name: Address 2: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email: Fax: Email:

Page 2 of 10 V. Perfection of Appeal, Jude:ment and Sentencine: Nature of Case (Subject matter or type of case): Divorce Date Order or Judgment signed: 05/24/2018 Type of Judgment: Bench Trial Date Notice of Appeal filed in T1ial Comt : 05/29/2018 If mailed to the Trial Comt clerk, also give the date mailed: Interlocuto1y appeal of appealable order: Yes xNo If yes, please specify statuto1y or other basis on which interlocuto1y order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes XNo If yes, please specify statuto1y or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes X No Pennissive? (See TRAP 28.3): Yes X No If yes, please specify statuto1y or other basis for such status:

Agreed? (See TRAP 28.2): Yes X No If yes, please specify statuto1y or other basis for such status:

Appeal should receive precedence, preference, or pri01ity under statute or rnle? Yes XNo If yes, please specify statuto1y or other basis for such status:

Does this case involve an amount under $100,000? Yes XNo Judgment or Order disposes of all pa1ties and issues? x Yes No Appeal from final judgment? x Yes No Does the appeal involve the constitutionality or the validity of a statute, rnle, or ordinance? Yes xNo

VI. Actions Extendine: Time To Perfect Anneal Motion for New T1ial: Yes x No If yes, date filed: Motion to Modify Judgment: Yes x No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes x No If yes, date filed: Motion to Reinstate: Yes x No If yes, date filed: Motion under TRCP 306a: Yes x No If yes, date filed: Other: Yes x No If Other, please specify:

Page 3 of 10 VII. Indieencv of Party (Attach me stamped coov of Statement and coov of the trial court order.) Was Statement of Inability to Pay Comt Costs filed in the trial comt? Yes x No If yes, date filed: Was a Motion Challenging the Statement filed in the trial comt ? Yes x No If yes, date filed: Was there any hearing on appellant's ability to afford comt costs? Yes x No Hearing Date: Did trial comt sign an order under Texas Rule of Civil Procedme 145? Yes x No Date of Order: If yes, trial comt finding: Challenge Sustained Ovenuled

VIII. Bankruptcy Has any pait y to the comt 's judgment filed for protection in bankmptcy which might affect this appeal? Yes x No If yes, please attach a copy of the petition. Date bankmptcy filed: Bankmptcy Case Number:

IX. Trial Court and Record Comt: 256th Judicial District Clerk's Record County: Dallas Trial Comt Clerk: ✓ District County Trial Comt Docket No. (Cause No.): Was Clerk's record requested? Yes ✓ No DF-1 1-1641 7 If yes, date requested: Trial Comt Judge (who tried or disposed of the case): If no, date it will be requested: 06/18/201 8 Name: David Lopez Were payment airnngements made with clerk? Address 1: 600 Commerce St. Yes ✓ No Indigent Address 2: 4th Floor (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Dallas, TX 75202 Tel. (214) 653-6410 Ext. Fax: Email: cathy .sanchez~dallascounty.org

Page 4 of 10 IX. Trial Court and Record - Continued Reporter's or Recorder's Record Is there a Repo1ter 's Record? x Yes No Was Repo1ter 's Record requested? Yes x No If yes, date requested: If no, date it will be requested: 06/1 8/2018 Was the Repo1ter's Record electronically recorded? Yes x No Were payment an angements made with the comt repolier/comt recorder? Yes xNo Indigent

x Comt Repo1ter Comt Recorder Comt Repo1ter Comt Recorder x Official Substitute Official Substitute Name: Glenda Finkley Name: Address 1: 600 Collllllerce St. Address 1: Address 2: Address 2: City/State/Zip: Dallas, TX 75202 City/State/Zip: Tel. (214) 653-6452 Ext. Fax: Tel. Ext. Fax: Email: glenda.finkley@dallascounty.org Email:

X. Supersedeas Bond Supersedeas bond filed? Yes x No If yes, date filed: If no, will file? Yes x No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillaiy relief) from this Comt? Yes x No If yes, briefly state the basis for yow- request:

Page 5 of 10 XII. Alternative Dispute Resolution/Mediation "Comnlete \' (t' section if filin° st LJiii. in the 1 , 2 nd, 5 th, 6 th , 8 th , 10th , 13th, or 14th Court of Anneals lr.t' t'' \ •,

Should this appeal be refen ed to mediation? Yes x No If no, please specify: Has this case been through an ADR procedure? x Yes No If yes, who was the mediator? Mark Whittington What type of ADR procedure? Mediation At what stage did the case go through ADR? x Pre-Trial Post-T1ial Other If other, please specify: Type of Case? Divorce 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): Whether trial comt en ed by (1) not granting Appellant at least expanded standard possession, (2) not lowering the amount of child support payable to Appellee, and (3) ordering Appellant to pay Appellee's SAPCR attorneys' fees or not modifying the SAPCR Fee Order. The standard of review is abuse of discretion.

How was the case disposed of? Final Order in Suit for Modification Summa1y 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: Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Modification of Second Amended Final Decree of Divorce Will you challenge this Court's jmisdiction? Yes x No Does judgment have language that one or more patt ies "take nothing"? Yes x No Does judgment have a Mother Hubbard clause? Yes x No Other basis for finality:

Page 6 of 10 XII. Alternative Dispute Resolution/Mediation - Continued "Comnlete \' (t' section if filin° t LJiii. in the 1s , 2 nd, 5 th, 6 th , 8 th , 10th , 13th, or 14th Court of Anneals ~.., t' '\ . •,

Rate the complexity of the case (use 1 for least an d 5 for most complex): 1 2 X 3 4 5 Please make my answer to the preceding questions known to other paiiies in this case? Yes x No Can the parties agree on an appellate mediator? Yes x No If yes, please give the name, address, telephone, fax, an d email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:

XIII. Related Matters List any pending or past related aooeals before this, or any other Texas Appellate Comt, by Comt , Docket, and Style. Comt: Select Appellate Cowt Docket: Style: Vs. Comt: Select Appellate Cowt Docket Style: Vs. Comt: Select Appellate Cowt Docket: Style: Vs. Comt: Select Appellate Cowt Docket Style: Vs. Comt: Select Appellate Cowt Docket Style: Vs. Comt: Select Appellate Cowt Docket: Style: Vs.

Page 7 of 10 XIV. Pro Bono Program: (Complete section ifftlin2 in the 1st, 2nd , 3 rd, 5th, 7th, 13th or 14th Court of Aooeals.) The Comts 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 Comt. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretiona1y 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 fo1m at the Clerk's Office or on the Internet at http://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 thiity (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 info1mation about your case, including paities and background, through selected Internet sites and Listse1v to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes 181No Do you autho1ize the Pro Bono Committee to contact your tiial counsel of record in this matter to answer questions the committee may have regarding the appeal? D Yes 181No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the info1mation used solely for the pmposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Comt Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S . Depaitment of Health and Human Se1vices Federal Poverty Guidelines? 181 Yes D 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. shtml. Are you willing to disclose your financial cfrcumstances to the Pro Bono Committee? D Yes 181No If yes, please attach a Statement of Inability to Pay Comt Costs completed and executed by the appellant or appellee. Sample fo1ms 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 a Statement under oath as to your financial cfrcumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standai·d of review, if known (without prejudice to the light to raise additional issues or request additional relief; use a sepai·ate attachment, if necessaiy).

Page 8 of 10 XV. Sienature 05/31/18 Signature of counsel (or Pro Se Party) Date 00793205 Printed Name State Bar No. Isl Scott S. Hershman Electronic Signature (Optional) Name

XVI. Certificate of Service The undersigned counsel ce1tifies that this Docketing Statement has been se1ved on the following lead counsel for all paities to the Trial Comt' s Order or Judgment as follows on:

Isl Scott S . Hershman Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

00793205 State Bar No.

Certificate of Service Requirements (TRAP 9.5(e)): A ce1t ificate 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 the attorney.

Page 9 of 10 I Please enter the following for each person served: Date Served: Date Se1ved: Manner Se1ved: eServe Manner Se1ved: Select Name: Ira Bowman Name: BarNo. 24050316 Bar No. Film Name: Godwin Bowman & Martinez PC Film Name: Address 1: 1201 Elm St. Address 1: Address 2: Suite 1700 Address 2: City/State/Zip: Dallas, TX 75270 City/State/Zip: Tel. (214) 939-4400 Ext. Fax: Tel. Ext. Fax: Email: IBowman@GodwinBowman.com Email: Party: Rebecca Dondero Party: Rebecca Dondero

Date Served: Date Se1ved: Manner Se1ved: Select Manner Se1ved: Select Name: Name: Bar No. Bar No. Film Name: Film Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Rebecca Dondero Party: Rebecca Dondero Date Se1ved: Manner Se1ved: Select Name: Bar No. Film Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Rebecca Dondero

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