ACCEPTED 15-25-00060-CV Appellate Docket Number: 15-25-00060-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: Marvin Glenn Berry and Bonnie Berry as successor in interest to Dennis Berry AUSTIN, TEXAS Vs. Albert Theodore Powers and Allied Ports LLC 5/7/2025 4:14 PM Companion 15-25-00016-CV CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 5/7/2025 4:14:32 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.
I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Marvin Glenn Berry Name: Vanessa Gilmore Pro Se Bar No. 07960010 If Pro Se Party, enter the following information: Firm/Agency: Roberts Markland LLP Address: Address 1: 2555 N MacGregor Way City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Houston, TX 77004 Email: Tel. Ext. Fax: II. Appellant Attorney(s) Email: vg@robertsmarkland.com Lead Attorney Retained Attorney Lead Attorney Select Name: Audrey Mullert Vicknair Name: Bar No. 14650500 Bar No.
Firm/Agency: Law Office of Audrey Mullert Vicknair Firm/Agency:
Address 1: 555 N. Carancahua St., Ste. 1400 Address 1:
Address 2:
Address 2:
City/State/Zip: Corpus Christi, TX 78401 City/State/Zip:
Tel. (361) 884-5400 Ext. Fax:
Tel. Ext. Fax:
Email: avicknair@vicknairlaw.com Email:
Lead Attorney Retained Attorney Lead Attorney Select Name: Douglas A Allison Name:
Bar No. 01083500 Bar No.
Firm/Agency: Law Office of Douglas Allison Firm/Agency:
Address 1: 403 N. Tancahua Street Address 1:
Address 2:
Address 2:
City/State/Zip: Corpus Christi, TX 78401 City/State/Zip:
Tel. (361) 888-6002 Ext. Fax:
Tel. Ext. Fax:
Email: doug@dallisonlaw.com Email:
III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: Albert Theodore Powers Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select
Name: Alistair Dawson Name: Bar No. 05596100 Bar No. Firm/Agency: Beck Redden Firm/Agency: Address 1: 1221 McKinney Street, Suite 4500 Address 1: Address 2: Address 2: City/State/Zip: Houston, TX 77010 City/State/Zip: Tel. (713) 951-6225 Ext. Fax: Tel. Ext. Fax: Email: adawson@beckredden.com Email:
Lead Attorney Select Lead Attorney Select
Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:
V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 04/02/2025 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 04/21/2025 If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Tex. Civ. Prac. & Rem. Code 51.014 Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:
TRAP 26.1(b), 28.1
Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:
TRAP 26.1(b), 28.1
Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No ,I\HV\RXPXVWDOVRFRPSOHWHDQGILOHWKH&KDOOHQJHWR&RQVWLWXWLRQDOLW\RID6WDWH6WDWXWHIRUP ,I\HVLVWKH$WWRUQH\*HQHUDORI7H[DVDSDUW\WRWKHFDVH" Yes 1o
VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify: Not applicable
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed:
Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date:
Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No
Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?
Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court and Record Court: Business Court, Eleventh District Clerk’s Record County: Harris Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? Yes ✔ No 24-BC11A-0025 If yes, date requested: Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: 05/07/2025 Name: Sofia Adrogue Were payment arrangements made with clerk?
Address 1: 301 Fannin Yes No Indigent Address 2:
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Houston, TX 77002 Tel. Ext. Fax: Email:
IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 04/22/2025 If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Gina Jackson Name: MaryKai Brandenburg Address 1: 301 Fannin Address 1: District Courts, Harris County Address 2: Address 2: City/State/Zip: Houston TX 77002 City/State/Zip: Houston, TX 77002 Tel. Ext. Fax: Tel. Ext. Fax: Email: gina.jackson@texcourts.gov Email: marykaicr@gmail.com
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes 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:
unknown at this time
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No If no, please specify: this is an appeal from an interlocutory temporary injunction Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify:
Type of Case? Injunction 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): The trial court abused its discretion by granting the relief requested. The evidence fails to support the court's rulings.
How was the case disposed of? injunction 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: Attorney’s fees (trial): Attorney’s fees (appellate): Other:
If other, please specify:
Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: interlocutory
XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email:
Languages other than English in which the mediator should be proficient:
none
Name of the person filling out mediation section of docketing statement:
Audrey Mullert Vicknair
XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: 15-25-00016-CV Style: In re Marvin Glenn Berry and Axis Midstream Holdings, LLC Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs.
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court 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 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 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 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? Yes 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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes 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 circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs 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 a Statement 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).
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XV,. Signature 05/07/2025 Signature of counsel (or Pro Se Party) Date Audrey Mullert Vicknair 14650500 Printed Name State Bar No. /s/ Audrey Mullert Vicknair Audrey Mullert Vicknair Electronic Signature (Optional) Name
XV,I. Certificate of Service 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:
/s/ Audrey Mullert Vicknair Signature of counsel (or Pro Se Party) Electronic Signature (Optional)
14650500 State Bar No.
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:
(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.
Please enter the following for each person served: Date Served: 05/07/2025 Date Served: Manner Served: eServe Manner Served: eServe Name: Alistair Dawson Name: Barfrett Reasoner Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: adawson@beckredden.com Email: Party: Albert Theodore Powers Party:
Date Served: 05/07/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Roland Garcia Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: garciar@gtlaw.com Email: Party: Allied Ports LLC Party:
Date Served: 05/07/2025 Manner Served: eServe Name: Barrett Reasoner Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: breasoner@gibbsbruns.com Party: Lawrence Berry
Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
15-25-00060-CV Supplement to Docketing Statement of Appellants
I. Additional Appellant:
Person
Name: Bonnie Berry as successor in interest to Dennis Wayne Berry
Counsel: Audrey Mullert Vicknair
* Please note change of address for lead counsel Audrey Mullert Vicknair (moved office location effective 4/28/2025 after Notice of Appeal filed):
555 N. Carancahua St., Ste. 1400 Corpus Christi, Texas 78401
Phone and email unchanged
II. Additional Appellee:
Organization
Name: Allied Ports LLC
Counsel: ROLAND GARCIA JR. Greenberg Traurig SBOT NO. 07645250 1000 Louisiana Street, Suite 6700 Houston, Texas 77002 (713)374-3510 garciar@gtlaw.com
III. Additional Party in the trial court:
Lawrence Berry
2
Counsel: BARRETT H. REASONER Gibbs & Bruns SBOT NO. 16641980 1100 Louisiana Street, Suite 5300 Houston, Texas 77002 (713)751-5244 breasoner@gibbsbruns.com
Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Audrey Vicknair Bar No. 14650500 avicknair@vicknairlaw.com Envelope ID: 100566715 Filing Code Description: Docketing Statement Filing Description: Appellants' Docketing Statement with Supplement Status as of 5/7/2025 4:41 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Douglas Allison doug@dallisonlaw.com 5/7/2025 4:14:32 PM SENT
Audrey Vicknair avicknair@vicknairlaw.com 5/7/2025 4:14:32 PM SENT
Douglas Allison doug@dallisonlaw.com 5/7/2025 4:14:32 PM SENT
Audrey Vicknair avicknair@vicknairlaw.com 5/7/2025 4:14:32 PM SENT
Alistair Dawson adawson@beckredden.com 5/7/2025 4:14:32 PM SENT
Roland Garcia garciar@gtlaw.com 5/7/2025 4:14:32 PM SENT
Barrett Reasoner breasoner@gibbsbruns.com 5/7/2025 4:14:32 PM SENT