in the Matter of T.M., Juvenile

• Court: Court of Appeals of Texas
• Decided: June 4, 2018
• Docket: 05-18-00644-CV
• Status: Published

Opinion

ACCEPTED 05-18-00644-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/4/2018 11:52 AM LISA MATZ CLERK

Appellate Docket Number: 05-18-00644-CV

COURT OF APPEALS FILED IN FIFTH DISTRICT OF TEXAS 5th COURT OF APPEALS DALLAS, TEXAS DALLAS COUNTY 6/4/2018 11:52:45 AM DOCKETING STATEMENT (CIVIL) LISA MATZ Clerk

[To be filed in the Court of Appeals upon perfection of appeal under TRAP 32.] I. Parties (TRAP 32.1(a), (e)): Appellant: T M Appellee: Dallas County Juvenile District Attorney

(See note at bottom of page)

Attorney (lead appellate counsel): Attorney (lead appellate counsel, if known; if not, then trial counsel): Frank Adler Lori Ordiway

Address (lead counsel): Address (lead appellate counsel, if known; if not, then trial counsel): 2501 Avenue J, Suite 100 133 N. Riverfront Blvd., LB-19 Arlington, TX 76006 Dallas, Texas 75207-4399 Telephone Number Telephone Number (include area code): 682-702-0506 (include area code): (214) 653-3600 Fax Number Fax Number (include area code): 888-605-7225 (include area code): SBN (lead counsel): 24056787 SBN (lead counsel): If not represented by counsel, provide appellant’s/appellee’s address, telephone number, and fax number. On a separate attachment, list the same information stated above for any additional parties to the trial court’s judgment.

II. Perfection Of Appeal And Jurisdiction (TRAP 32.1(b), (c), (g), (j)): Date order or judgment signed: Date notice of appeal filed in trial court:

May 17, 2018 June 1, 2018

(Attach file-stamped copy; if mailed to the (Attach a signed copy, if possible.) trial court clerk, also give the date of mailing.) What type of judgment? (E.g., jury trial, Interlocutory appeal of appealable order: bench trial, summary judgment, directed Yes No verdict, other (specify)): (Please specify statutory or other basis on which interlocutory order is appealable.) Bench Trial

Accelerated/preferential appeal: No

(Please specify statutory or other basis on which appeal is accelerated or receives preferential treatment.)

Does the judgment or order dispose of all If no, cite authority for this Court’s parties and issues? Yes jurisdiction.

III. Actions Extending Time To Perfect Appeal (TRAP 32.1(d)): Action Filed Date Filed Motion for New Trial No Motion to Modify Judgment No Request for Findings of Fact and Conclusions of Law No Motion to Reinstate No Motion under TRCP 306a No Other (specify): IV. Indigency Of Party (TRAP 32.1(k)) (attach file-stamped copy of affidavit): Affidavit filed No Date: ____________ Contest filed No Date: _______ Ruling on contest: Sustained Overruled Date: _______ V. Trial Court And Record (TRAP 32.1(c), (h), (i)): Court: 305th District Court County: Dallas Trial Court Docket Number (Cause No.): JD-17-00477 Trial Judge (who tried or disposed of case): Court Clerk (district or county clerk): Judge Cheryl Shannon District

Telephone Number Telephone Number (include area code): 214-698-4936 (include area code): (214) 698-4913

Fax Number Fax Number (include area code): 214-698-5553 (include area code):

Address: 2600 Lone Star Drive, Address: 2600 Lone Star Drive, Dallas Texas 75212 Dallas Texas 75212 Clerk’s fee has been paid or satisfactory arrangements made? Yes No If no, explain

Court Reporter or Court Recorder: Marty Grant

Telephone Number Fax Number (include area code): (214) 698-4952 (include area code):

Address: 2600 Lone Star Drive, Dallas Texas 75212

(Attach additional sheet if necessary for additional court reporters/recorders.) Reporter’s or Recorder’s None Will request Was requested on: Record (check if electronic June 1, 2018 recording ) State arrangements made for payment of court reporter/recorder: Pauper’s Oath / Affidavit

VI. Supersedeas Bond None Will file Was filed on: (TRAP 32.1(1)): VII. Extraordinary Relief: Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? No If yes, briefly state the basis for your request.

VIII. Alternative Dispute Resolution/Mediation: If this appeal should be referred to a settlement procedure, complete and file a separate ADR form, which is available from the Court.

IX. Related Matters: List any pending or past related appeals or original proceedings (e.g., mandamus, injunction, habeas corpus) before this or any other Texas appellate court by court, docket number, and style. X Pro Bono Program: A number of attorneys have expressed an interest in representing a party before this Court for no charge, except for costs and expenses. Whether they would agree to represent you would depend on your financial need and a number of other factors. A Pro Bono Committee of local lawyers will make the decision, without input from this Court, as to whether your case qualifies for such free legal representation. If you feel your financial situation might qualify you for this help, and you would like to be considered for such help, complete the information in this section. More information regarding this program can be found in the Pro Bono Program Pamphlet for the Second Court of Appeals available in paper form at the Clerk’s Office or on the Internet at http://www.tex-app.org/ NOTE: There is no guarantee that an attorney will be found to represent you. Accordingly, you should keep looking for counsel to represent you in this case. By signing your name below, you authorize the Pro Bono Committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and a Listserv to its pool of volunteer appellate attorneys. 1. Do you want to be considered for free legal representation in this case? Yes No If you answered “Yes” to Question X.1, then please answer the following questions. 2. 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 this case? Please note that the substance of any such conversations would be maintained as confidential by the Pro Bono Committee , to the extent permitted by law. The information would be used solely for the purposes of considering the case for inclusion in the Pro Bono Program. Yes No 3. 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? These guidelines can be found in the Pro Bono Program Pamphlet as well as on the Internet at http://aspe.hhs.gov/poverty/08poverty.shtml. Yes No 4. Are you willing to disclose your financial circumstances to the Pro Bono Committee? If so, please attach an Affidavit of Indigency completed and executed by the appellant. Forms may be found in the Clerk’s Office or on the Internet at http://www.tex-app.org/Form3.pdf. If you are not willing to submit this Affidavit, you will probably not be referred to an attorney under this Program. Yes No 5. 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). X. Certificate of Service: The undersigned counsel certifies that this docketing statement has been served on the parties of record by regular mail or facsimile:

/s/ _________________________________ Date: June 4, 2018 Signature of counsel

Frank Adler State Bar No.: 24056787 Printed Name