ACCEPTED 06-15-00039-CV Appellate Docket Number: SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/30/2015 11:26:15 AM Appellate Case Style: SAM1..iFl.. L.i\NIFR DEBBIE AUTREY CLERK Vs. CARLOS LANIER
Companion Case No.: FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/31/2015 2:36:00 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals .... ... . Clerk (to he filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
nX Person J Organization (choose one) nX Lead Attorney First Name: EBB First Name: SAMUEL Middle Name: B. Middle Name: Last Name: MOBLEY Last Name: LANIER Suffix: Suffix: Law Firm Name: ATTORNEY AT LAW
Pro Se: Q Address 1: P.O. BOX 2.309 Address 2: ... .
City LONGVIEW State: Texas Zip+4: 75606 Telephone 903- 7 5 7-333 1 ext. Fax: 903-753-8289 Email: ebbmohiz)aol.com SBN: 14238000
Ill. Appellee IV. Appellee Attorney(s) Person ROrganization (choose one) Lead Attorney First Name: JESSICA, First Name: CARLOS Middle Name A ml
Middle Name: Last Name: KROSCHER Last Name: LANIER Suffix: Suffix: Law Firm Name KROSCHER & KROSCHER Pro Se: Q Address 1 P0 BOX 1228 A. Address 2 City: LONGVIEW State Texas Zip+4 75606 fj4f Telephone 903-553-0085 ext. Fax: 903-553-9448 Email: jessica1ongviewlegal.corn. • SBN: 24070879 Page 1 of 7 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): SAPCR (Suit Affecting Parent Child Relations
Date order or judgment signed: June 4, 2015 Type ofjudgment: Bench Trial Date notice of appeal filed in trial court: July 24, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: J Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): . '.. . .:• .:.. •. - .. . .:.
Accelerated appeal (See TRAP 28): Yes FX No Jfyes. PlCLSC Sl)eCilV statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): fl Yes F N No
Permissive? (See TRAP 28.3): E Yes FX No If yes, please specify statutory or other basis for such status: ................................................................................................................................................ AF
Agreed? (See TRAP 28.2): El Yes IZI No If yes, please specify statutory or other basis for such status: WIN .... .. .................... M.-EN RON Appeal should receive precedence, preference, or priority under statute or rule: El Yes ED No If yes, please specify statutory or other basis for such status: - .- .......
Does this case involve an amount under $100,000? R Yes ElNo Judgment or order disposes of all parties and issues: R Yes EjiNo Appeal from final judgment: R Yes jjj No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? fl Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: F] Yes FX No If yes, date filed: Motion to Modify Judgment: flYes RI No If yes, date filed: Request for Findings of Fact Yes No If yes, date filed: June 8, 2015 and Conclusions of Law: flYes No If yes, date filed: Motion to Reinstate: ji Yes No If yes, date filed: Motion under TRCP 306a: Other: fl Yes Z No If other, please specify: . .. . . .. ..
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if tiled.)
Affidavit filed in trial court: El Yes El No If yes, date flied:
Contest filed in trial court: [--]Yes No If yes, date tiled:
Date ruling on contest due:
Ruling on contest: El Sustained El Overruled Date of ruling:
Page 2 of 7 Viii. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? EYes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankiuptcy Case Number
IX. Trial Court And Record
Court: 307th FAMILY DISTRICT COURT Clerk's Record: County: GREGG Trial Court Clerk: Z District E County Trial Court Docket Number (Cause No.): 2008-353-DR Was clerk's record requested? Yes No
If yes, date requested: July 30, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name Were payment arrangements made with clerk? Middle Name JYes ENo Ehidigent Last Name: WOMACK (Note: No request required under TRAP 34.5(a),(b)) Suffix:
Address 1: 101 EAST METHVIN, SUITE 463 Address 2: City: LONGVIEW State: Texas Zip + 4: 75601 Telephone: 903-758-6181 ext. Fax: 903-234-3150 Email: tirn.womack@co.gregg.tx.us
Reporter's or Recorder's Record:
Is there a reporter's record? EZI Yes E No Was reporter's record requested? ] Yes No
Was there a reporter's record electronically recorded? fl Yes No If yes, date requested: April 15, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? EZlYes Fj No n Indigent
Page 3 of 7 Court Reporter Court Recorder E Official E Substitute
First Name: KASI Middle Name: Last Name: HARRIS Suffix: Address I: 101 EAST METHVIN, SUITE 463 Address 2: City: LONGVIEW State: Texas Zip + 4: 75601 Telephone: 903-758-6181 ext. Fax: 903-234-3150 Email: kasi.11arris@co.gregg.tx.us
X. Supersedeas Bond Supersedeas bond filed: El Yes No If yes, date filed:
Will file: fl Yes rX No
XI. 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:
X11. 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 : OAK Has the case been through an \DR procedure? EYes No If yes, who was the mediator? :..: . : .. What type of ADR procedure? At what stage did the case go through ADR? fl Pre-Trial fl Post-Trial E Other
If other, please specify:
Type of case? 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): TRIAL COURT ALTERED ORIGINAL JUDGMENT 101 NFORCE THAT JUDGMENT .
How was the case disposed of? Trial Summary of relief granted including amount of money judgment and if any, damages awarded
If money judgment what was the amount? Actual damages $1,243.30 Punitive (or similar) damages: $0.00
Page 4 of 7 Attorney's fees (trial): :$Z285 I Attorney's fees (appellate): Other: If other, please specify:
Will you challenge this Court's jurisdiction? flYes R No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? EYes E No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): I2 3 4 5 Please make my answer to the preceding questions known to other parties in this case. 17 Yes Z No Can the parties agree on an appellate mediator? D Yes 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:
XIII. 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 ('ourt: . . .. .
Style:
Vs. .
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ACCEPTED 06-15-00039-CV Appellate Docket Number: SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/30/2015 11:26:15 AM Appellate Case Style: SAM1..iFl.. L.i\NIFR DEBBIE AUTREY CLERK Vs. CARLOS LANIER
Companion Case No.: FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/31/2015 2:36:00 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals .... ... . Clerk (to he filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
nX Person J Organization (choose one) nX Lead Attorney First Name: EBB First Name: SAMUEL Middle Name: B. Middle Name: Last Name: MOBLEY Last Name: LANIER Suffix: Suffix: Law Firm Name: ATTORNEY AT LAW
Pro Se: Q Address 1: P.O. BOX 2.309 Address 2: ... .
City LONGVIEW State: Texas Zip+4: 75606 Telephone 903- 7 5 7-333 1 ext. Fax: 903-753-8289 Email: ebbmohiz)aol.com SBN: 14238000
Ill. Appellee IV. Appellee Attorney(s) Person ROrganization (choose one) Lead Attorney First Name: JESSICA, First Name: CARLOS Middle Name A ml
Middle Name: Last Name: KROSCHER Last Name: LANIER Suffix: Suffix: Law Firm Name KROSCHER & KROSCHER Pro Se: Q Address 1 P0 BOX 1228 A. Address 2 City: LONGVIEW State Texas Zip+4 75606 fj4f Telephone 903-553-0085 ext. Fax: 903-553-9448 Email: jessica1ongviewlegal.corn. • SBN: 24070879 Page 1 of 7 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): SAPCR (Suit Affecting Parent Child Relations
Date order or judgment signed: June 4, 2015 Type ofjudgment: Bench Trial Date notice of appeal filed in trial court: July 24, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: J Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): . '.. . .:• .:.. •. - .. . .:.
Accelerated appeal (See TRAP 28): Yes FX No Jfyes. PlCLSC Sl)eCilV statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): fl Yes F N No
Permissive? (See TRAP 28.3): E Yes FX No If yes, please specify statutory or other basis for such status: ................................................................................................................................................ AF
Agreed? (See TRAP 28.2): El Yes IZI No If yes, please specify statutory or other basis for such status: WIN .... .. .................... M.-EN RON Appeal should receive precedence, preference, or priority under statute or rule: El Yes ED No If yes, please specify statutory or other basis for such status: - .- .......
Does this case involve an amount under $100,000? R Yes ElNo Judgment or order disposes of all parties and issues: R Yes EjiNo Appeal from final judgment: R Yes jjj No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? fl Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: F] Yes FX No If yes, date filed: Motion to Modify Judgment: flYes RI No If yes, date filed: Request for Findings of Fact Yes No If yes, date filed: June 8, 2015 and Conclusions of Law: flYes No If yes, date filed: Motion to Reinstate: ji Yes No If yes, date filed: Motion under TRCP 306a: Other: fl Yes Z No If other, please specify: . .. . . .. ..
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if tiled.)
Affidavit filed in trial court: El Yes El No If yes, date flied:
Contest filed in trial court: [--]Yes No If yes, date tiled:
Date ruling on contest due:
Ruling on contest: El Sustained El Overruled Date of ruling:
Page 2 of 7 Viii. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? EYes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankiuptcy Case Number
IX. Trial Court And Record
Court: 307th FAMILY DISTRICT COURT Clerk's Record: County: GREGG Trial Court Clerk: Z District E County Trial Court Docket Number (Cause No.): 2008-353-DR Was clerk's record requested? Yes No
If yes, date requested: July 30, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name Were payment arrangements made with clerk? Middle Name JYes ENo Ehidigent Last Name: WOMACK (Note: No request required under TRAP 34.5(a),(b)) Suffix:
Address 1: 101 EAST METHVIN, SUITE 463 Address 2: City: LONGVIEW State: Texas Zip + 4: 75601 Telephone: 903-758-6181 ext. Fax: 903-234-3150 Email: tirn.womack@co.gregg.tx.us
Reporter's or Recorder's Record:
Is there a reporter's record? EZI Yes E No Was reporter's record requested? ] Yes No
Was there a reporter's record electronically recorded? fl Yes No If yes, date requested: April 15, 2015
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? EZlYes Fj No n Indigent
Page 3 of 7 Court Reporter Court Recorder E Official E Substitute
First Name: KASI Middle Name: Last Name: HARRIS Suffix: Address I: 101 EAST METHVIN, SUITE 463 Address 2: City: LONGVIEW State: Texas Zip + 4: 75601 Telephone: 903-758-6181 ext. Fax: 903-234-3150 Email: kasi.11arris@co.gregg.tx.us
X. Supersedeas Bond Supersedeas bond filed: El Yes No If yes, date filed:
Will file: fl Yes rX No
XI. 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:
X11. 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 : OAK Has the case been through an \DR procedure? EYes No If yes, who was the mediator? :..: . : .. What type of ADR procedure? At what stage did the case go through ADR? fl Pre-Trial fl Post-Trial E Other
If other, please specify:
Type of case? 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): TRIAL COURT ALTERED ORIGINAL JUDGMENT 101 NFORCE THAT JUDGMENT .
How was the case disposed of? Trial Summary of relief granted including amount of money judgment and if any, damages awarded
If money judgment what was the amount? Actual damages $1,243.30 Punitive (or similar) damages: $0.00
Page 4 of 7 Attorney's fees (trial): :$Z285 I Attorney's fees (appellate): Other: If other, please specify:
Will you challenge this Court's jurisdiction? flYes R No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? EYes E No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): I2 3 4 5 Please make my answer to the preceding questions known to other parties in this case. 17 Yes Z No Can the parties agree on an appellate mediator? D Yes 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:
XIII. 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 ('ourt: . . .. .
Style:
Vs. .
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 top I ace 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 Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes R 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? El Yes 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 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? El Yes fl No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/povertv/06poverty.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? fl Yes El 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 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
Signature of counsel (or pro se party) Date: July 30, 2015
Printed Name: EBB B. MOBLEY State Bar No.: 14238000
Electronic Signature: /s/ EBB B. MOBLEY (Optional)
Page 6 of 7 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
Signature of counsel (or prose party) Electronic Signature: (Optional)
Person Served State Bar No.: NOMORNM 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: (I) 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
enter the following for each person served:
Date Served:
Manner Served:
First Name:
Middle Name: N1I1IIEIIUESIIII!IUIIUIUII!I1III ...II Last Name: 4*1*1HflIIUUIIUU1UIIIIUIIIIIUIII Suffix:
Address 2:
City
If Attorney, Representing Party's Name:
Page 7 of 7