League City v. Texas Windstorm Insurance Association

Opinion

ACCEPTED 1-15-00117

FIRST COURT OF APPEALS

Appellate Docket Number: 1-15-00117-CV HOUSTON, TEXAS 3/6/2015 11:50:53 AM CHRISTOPHER PRINE

Appellate Case Style: League City CLERK

Vs.

Texas Windstorm Insurance Association

Compan.ion Case No.:

FILED IN

1st COURT OF APPEALS

HOUSTON, TEXAS

3/6/2015 11:50:53 AM

Amended/conected statement: DOCKETING ST ATEMENT (Civil) CHRISTOPHER A. PRINE Clerk

Appellate Court: 1st Court of Appeals (lo be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant JI. Appellant Attorney(s) 0 Person 0 Organization (choose one) i;gj Lead Attorney Organization Name : T~xas Windstorm Insurance Association First Name: Date First Name: Middle Name:

Middle Name: Last Name:

Last Name: Suffix:

Suffix: Law Firn1 Name: Bracewell & Giuliani LLP

Pro Se: 0 Address 1: 111 Congress Ave., Suite 2300 · Address 2:

C ity: Austin

State: Texas Zip+4: 78701 Telephone: 512-494-3610 ext. Fax: '1~800-404-3970 - "

Email: dale.wainwright@bgllp.com

SBN: 00000049

I. Appellant II. Appellant Attorney(s) · ·

0 Person 0 Organizati on (choose one) 0 Lead Attorney Organization Name: Texas Windstom1 Insurance Association First Name: Andrew . First Name: Middle Name: T.

Middle Name: Last Name:

Last Name: Suffix:

Suffi x: Law Firm Name: Litchfield Cavo Ll:-P

Pro Se: Q Address 1: One Riverway, Suite fooo Address 2:

Page1of10

City : Houston State: Texas Zip+4: 77056 Telephone: 713-418-2002 ext. Fax: 713-623-8222 Ernai I: rnckinney@lltchiieldcavo.com SBN : 13716800

I. Appellant II. Appellant Attorney(s)

D Person [g] Organization (choose one) D Lead Attorney Organization Name: Texas Windstom1 Insurance Association First Name: Lindsay First Name: Middle Name: E. Middle Name: Last Name: Hagans

Last Name: Suffix:

Suffix: Law Firm Name: Bracewell & Giuliani LLP

Pro Se: 0 Address I : 111 Congress Ave., Suite 2300 Address 2:

City: Austin State: Texas Zip+4: 78701 Telephone: 512-494-365~ ext. Fax: 1-800-404-3970 Em ai I: lindsay .liagans@?gllp.com

SBN: 24087651

lIL Appellee IV. Appellee AttOrney(s)

D Person [g]Organization (choose one) [Z] Lead Attorney Organization Name:League 'C ity First Name: Jennifer First Name : Middle Name: Bruch

Middle Name: Last Name: Hogan Last Name: Suffix: Suffix: Law Firm Name: Hogan & Hogan . Pro Se: Q Address 1: 711 .Louisiana, Suite 500

Address 2: City: Houston State: Texas Zip+4: 77002 Telephone: 713-222-8800 ext Fax: 713-222-8810 Email: jhogan@hoganf'rrm:com SBN: 03239100

III. Appellee IV. Appellee Attorney(s) D Person [Z]Organization (choose one) D Lead Attomey Organization Name: League City First Name: Gregory First Name: Middle Name: F.

Middle Name: Last Name: Cox Last Name: Suffix: Suffix: Law Film Name: The Mostyn Law Firm Pro Se: 0 Address 1: 6280 Delaware Street Address 2: City: Beaumont State: Texas Zip+4: 77706 Telephone: 409-832-2777 ext. Fax: 409--832-2703 Emai l: gfcox@mostynlaw.com SBN: 00793561

m. Appellee IV. Appellee Attorney(s) D Person D Organization (choose one) D Lead Attorney First Name:

First Name: Middle Name: Middle Name: Last Name: Last Name: Suffix: Suffix: Law Firm Name: Pro Se: 0 Address l:

Address 2: City: State: Texas Zip+4: Telephone: ext. Fax: Email: SBN:

V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Other

Date order or judgment signed: November 13, 2014 Type of judgment: Jury Tl'ial

Date notice of appeal filed in trial court: February 20, 2015 If mailed to the trial court clerk, also give the date mailed:

Interlocutory appeal ofappealable order: D Yes IS] No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Acce lerated appeal (See TRAP 2 8): D Yes IS] No If yes, please specify statutory or other basi s on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): 0Yes ~No

Pennissive? (See TRAP 28.3): 0Yes IS] No If yes, please specify statutory or other basis for such status :

Agreed? (See TRAP 28.2): D Yes ISi No If yes, .

please specify .

statutory .

or other basis for such status: -

Appeal should receive precedence, preference, or priority under statute or rule: 0 Yes IS] No

lf )les, please specify statutory or other basis for s uch status:

Does this case in volve an amount under $100,000? D Yes IS]No Judgment or order disposes of all paiiies and issues: ISl Yes 0No Appeal from final judgment: ISl Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes ISl No VI. Actions Extending TimeTo Perfect Appeal "'~

Motion for New T rial: ISlYes D No l f yes, date filed: November 14, 2014

Motion to Modify Judgment: 0Yes IXJ No If yes, date filed: Request for F indings of Fact D Yes IS] No If yes, date filed: . and Conclusions of Law:

0Yes IS] No If yes, date filed:

Motion to Reinstate:

Motion under TRCP 306a:

D Yes IS] No If yes, date fil ed:

Other: ISi Yes 0No

If other, please specify: Motion to Disregard Certain Jury Findings and Render Judgment on Remaining Findings

VII. Jndigency Of Party: (Attach file~stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court: D Yes IS] No If yes, date filed :

Contest filed in trial collli: 0Yes D No If yes, date filed:

Date ruling on contest due:

Ruling on contest: D Sustained D Overruled Date of ruling:

VIII. Bankruptcy

Has any party to the court's judgment fi led for protection in bankruptcy wh ich might affect this appeal? 0Yes ~No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

··.

LX. Trial Court And Record

Court: 10th Judicial District Court Clerk's Record:

County : Galveston County Trial Cour1 Clerk: ~ DistTict D County Trial Court Docket Number (Cause No.): 12-cv-0053 Was clerk's record requested? ~ Yes O No

If yes, date requested : February 16, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Kerry Were payment arrangements made with clerk'? Middle Name: L ~Yes 0No D lndigent Last Name: Neves · (Note: No request required under TRAP 34.5(a),(b))

Suffix: Address 1: 600 59th Street, Suite 4305

Addr ess 2 : C ity: Galveston State: Texas Zip + 4: 77551 Telephone: 409-766-2230 ext. Fax: 409-770-.5266 Emai l:

Reporter's or Recorder's Record:

Ts there a reporter's record? ~Yes D No Was reporter's record requested? ~Yes 0No

Was there a reporter's record electron ically recorded? D Yes ~ No

If yes, date requested: February 16, 2015

Ifno, date it will be requested: Were payment arrangements made with th e co urt reporter/court recorder? ~Yes 0 No Q lndigent ~ Court Reporter 0 Court Recorder ~ Official 0 Substitute

First Name: Gall Middle Name: Last Name: Jalutka Suffix: Address I : I 0th Judicial District Court Address 2: 600 59th Street, Suite 4305 C ity: Galveston State : Texas Zip + 4: 7755 1 Telephone: 409-766-2230 ext. Fax: 409-770-5266 Emai I: gail.jalut'ka@co.ga1veston .tx.us

X. Supersedeas Bond Supersedeas bond filed :0Yes ~ No If yes, date filed:

Will file: 0 Yes ~No

XI. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from thi s Court? O Yes ~ No

If yes, briefl y state the basis for your request:

XII. Alternative Dispute Resohition/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 refe1Ted to mediation?

0 Yes ~No

If no, please specify: Has the case been through an ADR procedme? i;g)Yes 0 No If yes, who was the mediator? What type of ADR procedure? Appraisal Process At what stage did the case go through ADR? ~ Pre-Tri al 0 Post-Trial 0 Other If other, please specify :

Type of case? Insurance Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, ifkn own (without prejudice to the right to raise add it ional issues or request additional relief) : Trial court properly entered judgment on the verdict, but trial court erroneously ordered sanctioi1s: ·

How was the case disposed of? Trial Summa1y o f relief granted, including amount of money judgment, and if any, damages awarded. Take-nothing JN OV

If money judgment, what was the amount? Actual damages : $0.00 Punitive (or similar) damages: $0.00

Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: $23, 187.32 If other, please specify: Court costs assessed against League City

Will you challenge this Court's j urisdiction? 0Yes ~No Does j udgment have language that one or more parti es "take nothing"? IZJ Yes D No Does judgment have a Mother Hubbard clause? IZJYes D No

Other bas is for finality? Rate the complexity of the case (use I for least and 5 for most complex): D I D 2 D 3 IZJ 4 D 5 Please make my answer to the preceding questions known to other parties in this case. IZJ Yes D No Can the parties agree on an appel late medi ator? D Yes D No If yes, please g ive name, address, telephone, fax and e mail address : Name Address Telephone Fax Ema il

Languages other than English in which the mediator should be proficient: None Name of person filing out mediation section of docketing statement: Dale Wainwright

Xlll. Related Matt.ers List any pending or past related appeals before this or any other Texas appe llate court by court, docket number, and style.

Docket Number: 01-13-00866-CV Trial Court: 10th Judicial District Court, Galves"

Sty le: In re Texas Windstorm Insurance Association

Vs.

XJJI. Related Matters

List any pending or past re lated appeals before this or any other Texas appellate court by court, docket nu mber, and style.

Docket Number: 0 1-14-003 18-CV Trial Comt: 10th Judicial District Court, Galvesbl

Style: In re Texas Windstorm Insurance Association

Vs.

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 you r name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, tlu·ough 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? D Yes IZJ 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? D Yes D No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the infonnation used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

lfyou have not previously filed an affidavit of lndigency 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? D Yes D No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at b.llP-://aspe. hhs.gov/pove11Y/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes D No If yes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at htt11:{L\\:'..'!'.Vv\~Jex-apQ.,Qrg. 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

Date: M_arch 6, 2015

Printed Name: Dale Wairiwright State Bar No.: 00000049

Electronic Signature: /s/ Dale Wainwright (Optional)

XVI. Certificate ot' Service

The unders igned counsel certifies that thi s docketing statement has been served on the following lead counsel for all parties to the trial court's order or j udoment as follows on March 6, 2015

Electronic Signature: Isl Dale Wainwright (Optional )

State Bar No.: 00000049 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:

(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: March 6,20 p Manner Served: eServed

First Name: Jennifer

Middle Name: Bruch

Last Name: Hogan~

Suffix: Law Firm Name: Hogan & Hogan

Address I: 711 Louisiana, Suite 500 Address 2:

City: Houston

State Texas Zip+4: 77002

Telephone: 7 13-222-8800 ext. Fax: 713-222-8810 Email : jhogan@hoganfimtcom".

If Attorney, Representing Party's Name : League City Please enter the fol lowing for each person served:

Date Served: March 3, 2015 Manner Served: eServed

First Name: Gregory

Middle Name: F Last Name: Cox Suffix: Law Finn Name: The Mostyn Law Firm

Address I: 6280 Delaware Street Address 2:

City: Beaumont State Texas Zip+4: 77706

Telephone: 409-832-2777 ext. Fax: 409-832-2703

Email: gfcox@inotyulaw.com

If Attorney, Representing Party's Name: League City