ACCEPTED 01-15-00147-CV FIRST COURT OF APPEALS Appellate Docket Number: 01-15-00147-CV HOUSTON, TEXAS 3/9/2015 1:22:04 PM CHRISTOPHER PRINE Appellate Case Style: Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company CLERK
Vs. Peachtree Settlement Funding, LLC
Companion Case No.: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/9/2015 1:22:04 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk Appellate Court: 1st Court of Appeals (to be fil ed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s) D Person [gl Organization (choose one) [gl Lead Attorney Organization Name: Metropolitan Insur. and Annuity Co. et al. First Name: ratrick First Name: Middle Name: !B Middle Name: Last Name: Larkin
Last Name: Suffix:
Suffix: Law Firm Name: ,.,arkin Law Firm
Pro Se: 0 Address I : 11200 Broadway Street Address 2: Suite 2705
City: Pearland State: Texas Zip+4: 77584 Telephone: 281-412-7500 ext. Fax: 281-412-7502 Email: plarkin@larkin-law.com
SBN: 24013004
I. Appellant II. Appellant Attorney(s) D Person D Organization (choose one) D Lead Attorney First Name: Stephen First Name: Middle Name: R
Middle Name: Last Name: Harris
Suffix: Law Firn1 Name: Drinker Biddle & Reath LLP
Pro Se: 0 Address I : One Logan Square Address 2:
Page 1 of8 City: Philadelphia State: Pennsylvania Zip+4: 19103 Telephone: 215-988-2806 ext. Fax: Email : stephen.harris@dbr.com
SBN:
IJI. Appellee IV. Appellee Attorney(s) D Person cgJOrganization (choose one) cgJ Lead Attorney Organization Name: Peachtree Settlement Funding LLP First Name: Earl First Name: Middle Name: S Middle Name: Last Name: Nesbitt Last Name: Suffix: Suffix: Law Firm Name: Nesbitt, Vassar & McCown, LLP Pro Se: 0 Address I: 1585 I Dallas Parkway Address 2: Suite 800 City: Addison State: Texas Zip+4: 75001 Telephone: 972-371-2411 ext. Fax: 972-371-2410 Email : enesbitt@nvmlaw.com SBN: 14916900
Page 2 of 8 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Other
Date order or judgment signed: February 2, 2015 Type of judgment: Bench Trial Date notice of appeal filed in trial court: February 13, 2015 If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: D Yes rgj No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): D Yes~ No If yes, please specify statutory or other basis on which appeal is accelerated :
Parental Termination or Child Protection? (See TRAP 28.4): 0Yes ~No
Permissive? (See TRAP 28.3): D Yes [gl No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): D Yes [gl 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 [gl No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $ 100,000? rgj Yes 0No Judgment or order disposes of all parties and issues: [g] Yes 0No Appeal from final judgment: [g] Yes 0No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes ~No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: [g!Yes 0No If yes, date filed: March 3, 2015 Motion to Modify Judgment: DYes ~No If yes, date filed: Request for Findings of Fact 0Yes IZJ No If yes, date filed : and Conclusions of Law: oYes ~No If yes, date filed: Motion to Reinstate: D Yes ~No If yes, date filed: Motion under TRCP 306a: Other: 0Yes [gj No If other, please specify:
Vil. lndigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: D Yes rgj No lf yes, date filed :
Contest filed in trial court: 0Yes D No If yes, date filed:
Date ruling on contest due:
Ruling on contest: D Sustained D Overruled Date of ruling:
Page 3 of 8 VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 0Yes ~No If yes, please attach a copy of the petition.
Date bankruptcy filed: I Bankruptcy Case Number:
IX. Trial Court And Record
Court: 234th Judicial District Clerk's Record: County: Harris County Trial Court Clerk: ~ District D County Trial Court Docket Number (Cause No.): 201474548 Was clerk's record requested? D Yes [g] No
If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested: March 27, 20 I 5 First Name: Wesley Were payment arrangements made with clerk? Middle Name: ------------~' 0Yes ~No 0Indigent Last Name: Ward (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address I: Harris County Civil Courthouse Address 2: 201 Caroline, 13th Floor City: Houston I State: Texas Zip + 4: 77002 Telephone: (713) 368-6350 ext.
Fax: i Email:
Reporter's or Recorder's Record:
Is there a reporter's record? ~Yes D No Was reporter's record requested? 0Yes ~No
Was there a reporter's record electronically recorded? D Yes ~ No
If yes, date requested:
Ifno, date it will be requested: March 13, 2015 Were payment arrangements made with the court reporter/court recorder? 0Yes D No [gjlndigent
Page4 of 8 [g] Court Reporter D Court Recorder D Official D Substitute
First Name: Nonna Middle Name: Last Name: Duarte Suffix: Address 1: Harris County Civil Courthouse Address 2: 201 Caroline, 13th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: 713-368-6354 ext. Fax: Email:
X. Supersedeas Bond
Supersedeas bond filed: D Yes [gl No If yes, date filed :
Will file: D Yes [gl No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? D Yes [gj No If yes, briefly state the basis for your request:
XII. 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? D Yes [g] No
If no, please specify: All issues complained of are matters of law, and mediation would be unproductive for this matter. Has the case been through an ADR procedure? 0Yes [gj No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? D Pre-Trial D Post-Trial D Other If other, please specify:
Type of case? Other 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): Appellant seeks reversal of judgment, because it violates the Texas Transfer Statute by forcing Appellant to split payments and enter into a servicing arrangement with Appellee. How was the case disposed of? Trial Summary ofrelief granted, including amount of money judgment, and if any, damages awarded. Approval of Transfer of Structured Settlement Rights If money judgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 5 of8 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify:
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ACCEPTED 01-15-00147-CV FIRST COURT OF APPEALS Appellate Docket Number: 01-15-00147-CV HOUSTON, TEXAS 3/9/2015 1:22:04 PM CHRISTOPHER PRINE Appellate Case Style: Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company CLERK
Vs. Peachtree Settlement Funding, LLC
Companion Case No.: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/9/2015 1:22:04 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk Appellate Court: 1st Court of Appeals (to be fil ed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s) D Person [gl Organization (choose one) [gl Lead Attorney Organization Name: Metropolitan Insur. and Annuity Co. et al. First Name: ratrick First Name: Middle Name: !B Middle Name: Last Name: Larkin
Last Name: Suffix:
Suffix: Law Firm Name: ,.,arkin Law Firm
Pro Se: 0 Address I : 11200 Broadway Street Address 2: Suite 2705
City: Pearland State: Texas Zip+4: 77584 Telephone: 281-412-7500 ext. Fax: 281-412-7502 Email: plarkin@larkin-law.com
SBN: 24013004
I. Appellant II. Appellant Attorney(s) D Person D Organization (choose one) D Lead Attorney First Name: Stephen First Name: Middle Name: R
Middle Name: Last Name: Harris
Suffix: Law Firn1 Name: Drinker Biddle & Reath LLP
Pro Se: 0 Address I : One Logan Square Address 2:
Page 1 of8 City: Philadelphia State: Pennsylvania Zip+4: 19103 Telephone: 215-988-2806 ext. Fax: Email : stephen.harris@dbr.com
SBN:
IJI. Appellee IV. Appellee Attorney(s) D Person cgJOrganization (choose one) cgJ Lead Attorney Organization Name: Peachtree Settlement Funding LLP First Name: Earl First Name: Middle Name: S Middle Name: Last Name: Nesbitt Last Name: Suffix: Suffix: Law Firm Name: Nesbitt, Vassar & McCown, LLP Pro Se: 0 Address I: 1585 I Dallas Parkway Address 2: Suite 800 City: Addison State: Texas Zip+4: 75001 Telephone: 972-371-2411 ext. Fax: 972-371-2410 Email : enesbitt@nvmlaw.com SBN: 14916900
Page 2 of 8 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Other
Date order or judgment signed: February 2, 2015 Type of judgment: Bench Trial Date notice of appeal filed in trial court: February 13, 2015 If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: D Yes rgj No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): D Yes~ No If yes, please specify statutory or other basis on which appeal is accelerated :
Parental Termination or Child Protection? (See TRAP 28.4): 0Yes ~No
Permissive? (See TRAP 28.3): D Yes [gl No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): D Yes [gl 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 [gl No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $ 100,000? rgj Yes 0No Judgment or order disposes of all parties and issues: [g] Yes 0No Appeal from final judgment: [g] Yes 0No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes ~No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: [g!Yes 0No If yes, date filed: March 3, 2015 Motion to Modify Judgment: DYes ~No If yes, date filed: Request for Findings of Fact 0Yes IZJ No If yes, date filed : and Conclusions of Law: oYes ~No If yes, date filed: Motion to Reinstate: D Yes ~No If yes, date filed: Motion under TRCP 306a: Other: 0Yes [gj No If other, please specify:
Vil. lndigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: D Yes rgj No lf yes, date filed :
Contest filed in trial court: 0Yes D No If yes, date filed:
Date ruling on contest due:
Ruling on contest: D Sustained D Overruled Date of ruling:
Page 3 of 8 VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 0Yes ~No If yes, please attach a copy of the petition.
Date bankruptcy filed: I Bankruptcy Case Number:
IX. Trial Court And Record
Court: 234th Judicial District Clerk's Record: County: Harris County Trial Court Clerk: ~ District D County Trial Court Docket Number (Cause No.): 201474548 Was clerk's record requested? D Yes [g] No
If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested: March 27, 20 I 5 First Name: Wesley Were payment arrangements made with clerk? Middle Name: ------------~' 0Yes ~No 0Indigent Last Name: Ward (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address I: Harris County Civil Courthouse Address 2: 201 Caroline, 13th Floor City: Houston I State: Texas Zip + 4: 77002 Telephone: (713) 368-6350 ext.
Fax: i Email:
Reporter's or Recorder's Record:
Is there a reporter's record? ~Yes D No Was reporter's record requested? 0Yes ~No
Was there a reporter's record electronically recorded? D Yes ~ No
If yes, date requested:
Ifno, date it will be requested: March 13, 2015 Were payment arrangements made with the court reporter/court recorder? 0Yes D No [gjlndigent
Page4 of 8 [g] Court Reporter D Court Recorder D Official D Substitute
First Name: Nonna Middle Name: Last Name: Duarte Suffix: Address 1: Harris County Civil Courthouse Address 2: 201 Caroline, 13th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: 713-368-6354 ext. Fax: Email:
X. Supersedeas Bond
Supersedeas bond filed: D Yes [gl No If yes, date filed :
Will file: D Yes [gl No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? D Yes [gj No If yes, briefly state the basis for your request:
XII. 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? D Yes [g] No
If no, please specify: All issues complained of are matters of law, and mediation would be unproductive for this matter. Has the case been through an ADR procedure? 0Yes [gj No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? D Pre-Trial D Post-Trial D Other If other, please specify:
Type of case? Other 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): Appellant seeks reversal of judgment, because it violates the Texas Transfer Statute by forcing Appellant to split payments and enter into a servicing arrangement with Appellee. How was the case disposed of? Trial Summary ofrelief granted, including amount of money judgment, and if any, damages awarded. Approval of Transfer of Structured Settlement Rights If money judgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 5 of8 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify:
Will you challenge this Court's jurisdiction? 0Yes igj No Does judgment have language that one or more parties "take nothing"? D Yes ig] No Does judgment have a Mother Hubbard clause? D Yes igj No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): D I D2 igj 3 D4 D5 Please make my answer to the preceding questions known to other parties in this case. D Yes igj No Can the parties agree on an appellate mediator? D Yes igj No rfyes, 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 Court:
Style:
V s.
Page 6 of 8 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 Comm ittee 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 screen ing 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 info rmation 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? 0 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? 0 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 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? ~Yes 0 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? 0 Yes ~ No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forn1s may be found in the Clerk's Office or on the inte rnet 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. Sign~ure
Signature of counsel (or pro se party) Date: March 9, 2015
Printed Name: Patrick B. Larkin State Bar No.: 24013004
Electronic Signature: /Patrick B Larkin/ (Optional)
Page 7 of 8 XVI. 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 ord~ or judgment as follows on March 9, 2015
fl~/~ Signature of counsel (or pro se party) Electronic Signature: /Patrick B. Larkin/ {Optional)
State Bar No.: 24013004 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 9, 2015 J Manner Served: eServed l i First Name: Earl
Middle Name: S i Last Name: Nesbitt J Suffix: Law Firm Name: Nesbitt, Vassar & McCown, LLP
Address I : 15851 DaJlas Parkway Address 2: Suite 800
City: Addison State Texas Zip+4: 75001
Telephone: 972-371-241 I ext. Fax: 972-371-2410
Email: enesbitt@nvmlaw.com
If Attorney, Representing Party's Name: Peachtree Settlement Funding, LLC
Page 8 of 8