ACCEPTED 06-15-00038-CV Appellate Docket Number: •1 :.: SIXTH COURT OF APPEALS .. TEXARKANA, TEXAS 7/30/2015 3:05:13 PM Appellate Case Style: AMANDA 13RADS1L\V DEBBIE AUTREY CLERK NZ Vs. BARNEY BRADSHAW
Companion Case No.: 06- 14-00 I 65-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/31/2015 10:49:00 AM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals lim Clerk (to he flied in the court of appeals upin perfection of appeal under TRAP 32)
I. Appellant 11. Appellant Attorney(s)
MX Person LI Organization (choose one) M Lead Attorney FirstName: EBB ...................................................................... r
First Name AMANDA Middle Name B Middle Name Last Name MORLEY
Last Name: BRADSHAW Suffix:
Suffix: Law Firm Name: ATTORNEY AT LAW .' . ;;•.
Pro Se 0 Address I P.0. BOX 2309 Address 2 City LONGVIEW State: Texas Zip+4: 75606 Telephone: 903-757-3331 ext. Fax: 903-753-8289 cbbrnob@aol.com M iN I11101 Email: SBN: 14238000
111. Appellee IV. Appellee Attorney(s)
RX Person Organization (choose one) Lead Attorney F st Name First Name BARNEY Middle Name Middle Name Last Name Last Name BRADSHAW Suffix Suffix Law Firm Name Pro Se ® Address I . Address 1: Inmate# 1942978 Michael Unit TDCJ1D Address 2: . . Address I: 2664 FM 2054 , City: City: Tennessee Colony . State: Texas Zip+4: State: Texas Zip+4: 75886 1II Telephone: ext. . Telephone: ext. Fax: Fax: ............................j..,.....; ..: . .............. Email: ................ ..... ......,. .... ................................. . .................
Email SBN Page 1 of 7 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Divorce
Date order or judgment signed June 17, 2015 Type ofjudgment Bench Trial Date notice of appeal filed in trial court: July 8, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: []Yes Z No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): Li Yes L No If yes, please specify or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): ElYes EgNo
Permissive? (See TRAP 28.3): El Yes M No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): El Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: El Yes No If yes. please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? El Yes No Judgment or order disposes of all parties and issues: M Yes ElNo Appeal from final judgment: M Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? El Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: El Yes No If yes, date filed: Motion to Modify Judgment: [—]Yes No If yes, date filed: Request for Findings of Fact Z Yes El No If yes, date filed: July 17, 2015 WX and Conclusions of Law: Motion to Reinstate: []Yes El No If yes, date filed:
Motion under TRCP 306a: El Yes El No If yes, date filed:
Other: El Yes fl No If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: El Yes [J No If yes, date filed:
Contest filed in trial court: ElYes Z No If yes, date flied:
Date ruling on contest due:
Ruling on contest: El Sustained El Overruled Date of ruling:
Page 2 of 7 VIII.
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes No If yes, please attach a copy of the petition.
Date bankruptcy filed B inki uptL\ Case Number
IX. Trial Court And Record
Court: COUNTY COURT AT LAW Clerks Record: County: RUSK Trial Court Clerk: District County Trial Court Docket Number (Cause No.): 2013-09-482-CCL Was clerk's record requested? 17 Yes fl No If yes, date requested: July 30, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: July 30, 2015 First Name: CHAD Were payment arrangements made with clerk? Middle Name: ZYes DNo E] Indigent Last Name: DEAN (Note: No request required under TRAP 34.5(a),(b)) Suffix:
Address 1: 115 NORTH MAIN STREET, 2ND FLOOR Address 2: City: HENDERSON State: Texas Lip 4: 75652 Telephone: 903-657-0344 ext. Fax: 903-657-3378 Email: chad.deanco.rusk.tx.us
Reporter's or Recorder's Record:
Is there a reporter's record? Yes LIII No Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? fl Yes No If yes, date requested
If no date it will be requested I Were payment arrangements made with the court reporter/court recorder? Yes F No Ind itent
Page of 7 Court Reporter Court Recorder E Official E Substitute
First Name: LAURA Middle Name: Last Name: PAYNE Suffix: Address 1: 115 NORTH MAIN STREET, 2ND FLOOR Address 2: City: HENDERSON State: Texas Lip -- 4: 75652 Telephone: 903-657-0344 ext. Fax: 903-657-3378 Email: laura.payne@co.rusk.tx.us
X. Supersedeas Bond Supersedeas bond filed:Yes f No Ifycs. date filed:
Will file: fl Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [J Yes Z No If yes, briefly state the basis for your request:
XIL 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: ... . .......... ....
Has the case been through an ADR procedure? DYes FX No If yes, who was the mediator? What type of AD procedure? At what stage did the case go through ADR? fl Pre-Trial fl I'ost-Trial 7 Other
If other, please specify:
Type of case? RQ 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): ABUSE OF DISCRETION IN PROPERTY DIVISION
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: Punitive (or similar) damages: .....................
Page 4of7 Attorney's fees (trial): = 1170"'QUA jJI Attorney's fees (appellate): Other If other, please specify
Will you challenge this Court's jurisdiction? E Yes No Does judgment have language that one or more parties "take nothing"? E Yes FZ 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): U I ElI 2 U4 U5 3 Please make my answer to the preceding questions known to other parties in this case. fl Yes Z No Can the parties agree on an appellate mediator? Yes FX 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:
Xlii. 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: 12-14-00056-CV Trial Court: RUSK COUNTY COURT AT LAW
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ACCEPTED 06-15-00038-CV Appellate Docket Number: •1 :.: SIXTH COURT OF APPEALS .. TEXARKANA, TEXAS 7/30/2015 3:05:13 PM Appellate Case Style: AMANDA 13RADS1L\V DEBBIE AUTREY CLERK NZ Vs. BARNEY BRADSHAW
Companion Case No.: 06- 14-00 I 65-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/31/2015 10:49:00 AM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Appellate Court: 6th Court of Appeals lim Clerk (to he flied in the court of appeals upin perfection of appeal under TRAP 32)
I. Appellant 11. Appellant Attorney(s)
MX Person LI Organization (choose one) M Lead Attorney FirstName: EBB ...................................................................... r
First Name AMANDA Middle Name B Middle Name Last Name MORLEY
Last Name: BRADSHAW Suffix:
Suffix: Law Firm Name: ATTORNEY AT LAW .' . ;;•.
Pro Se 0 Address I P.0. BOX 2309 Address 2 City LONGVIEW State: Texas Zip+4: 75606 Telephone: 903-757-3331 ext. Fax: 903-753-8289 cbbrnob@aol.com M iN I11101 Email: SBN: 14238000
111. Appellee IV. Appellee Attorney(s)
RX Person Organization (choose one) Lead Attorney F st Name First Name BARNEY Middle Name Middle Name Last Name Last Name BRADSHAW Suffix Suffix Law Firm Name Pro Se ® Address I . Address 1: Inmate# 1942978 Michael Unit TDCJ1D Address 2: . . Address I: 2664 FM 2054 , City: City: Tennessee Colony . State: Texas Zip+4: State: Texas Zip+4: 75886 1II Telephone: ext. . Telephone: ext. Fax: Fax: ............................j..,.....; ..: . .............. Email: ................ ..... ......,. .... ................................. . .................
Email SBN Page 1 of 7 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Divorce
Date order or judgment signed June 17, 2015 Type ofjudgment Bench Trial Date notice of appeal filed in trial court: July 8, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: []Yes Z No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): Li Yes L No If yes, please specify or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): ElYes EgNo
Permissive? (See TRAP 28.3): El Yes M No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): El Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: El Yes No If yes. please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? El Yes No Judgment or order disposes of all parties and issues: M Yes ElNo Appeal from final judgment: M Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? El Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: El Yes No If yes, date filed: Motion to Modify Judgment: [—]Yes No If yes, date filed: Request for Findings of Fact Z Yes El No If yes, date filed: July 17, 2015 WX and Conclusions of Law: Motion to Reinstate: []Yes El No If yes, date filed:
Motion under TRCP 306a: El Yes El No If yes, date filed:
Other: El Yes fl No If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: El Yes [J No If yes, date filed:
Contest filed in trial court: ElYes Z No If yes, date flied:
Date ruling on contest due:
Ruling on contest: El Sustained El Overruled Date of ruling:
Page 2 of 7 VIII.
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes No If yes, please attach a copy of the petition.
Date bankruptcy filed B inki uptL\ Case Number
IX. Trial Court And Record
Court: COUNTY COURT AT LAW Clerks Record: County: RUSK Trial Court Clerk: District County Trial Court Docket Number (Cause No.): 2013-09-482-CCL Was clerk's record requested? 17 Yes fl No If yes, date requested: July 30, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: July 30, 2015 First Name: CHAD Were payment arrangements made with clerk? Middle Name: ZYes DNo E] Indigent Last Name: DEAN (Note: No request required under TRAP 34.5(a),(b)) Suffix:
Address 1: 115 NORTH MAIN STREET, 2ND FLOOR Address 2: City: HENDERSON State: Texas Lip 4: 75652 Telephone: 903-657-0344 ext. Fax: 903-657-3378 Email: chad.deanco.rusk.tx.us
Reporter's or Recorder's Record:
Is there a reporter's record? Yes LIII No Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? fl Yes No If yes, date requested
If no date it will be requested I Were payment arrangements made with the court reporter/court recorder? Yes F No Ind itent
Page of 7 Court Reporter Court Recorder E Official E Substitute
First Name: LAURA Middle Name: Last Name: PAYNE Suffix: Address 1: 115 NORTH MAIN STREET, 2ND FLOOR Address 2: City: HENDERSON State: Texas Lip -- 4: 75652 Telephone: 903-657-0344 ext. Fax: 903-657-3378 Email: laura.payne@co.rusk.tx.us
X. Supersedeas Bond Supersedeas bond filed:Yes f No Ifycs. date filed:
Will file: fl Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [J Yes Z No If yes, briefly state the basis for your request:
XIL 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: ... . .......... ....
Has the case been through an ADR procedure? DYes FX No If yes, who was the mediator? What type of AD procedure? At what stage did the case go through ADR? fl Pre-Trial fl I'ost-Trial 7 Other
If other, please specify:
Type of case? RQ 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): ABUSE OF DISCRETION IN PROPERTY DIVISION
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: Punitive (or similar) damages: .....................
Page 4of7 Attorney's fees (trial): = 1170"'QUA jJI Attorney's fees (appellate): Other If other, please specify
Will you challenge this Court's jurisdiction? E Yes No Does judgment have language that one or more parties "take nothing"? E Yes FZ 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): U I ElI 2 U4 U5 3 Please make my answer to the preceding questions known to other parties in this case. fl Yes Z No Can the parties agree on an appellate mediator? Yes FX 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:
Xlii. 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: 12-14-00056-CV Trial Court: RUSK COUNTY COURT AT LAW
Style: IN THE MATTER OF THE MARRIAGE OF
Vs. BARNEY S. BRADSHAW AND AMANDA CHERI BRADSHAW
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 . 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? El Yes 17X 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 El 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? F Yes El No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/povertv/O6poverty.shtnil.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? ElYes [:]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 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 6o17 The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial courts order or-judgment as follows on
Signature of counsel (or pro se party) Electronic Signature: ftfjJ (Optional)
Person Served State Bar No.: s*iiiiivaa 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
Please enter the following for each person served:
Date Served: Manner Served:
First Name:
City: State Zip+4: IM$ Telephone: ext. im Fax: Email: If Attorney, Representing Party's Name:
Page 7 of 7