Michelle Hartman v. Wayne Correll and Peggy Correll

Opinion

ACCEPTED 01-15-00415-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/8/2015 5:47:42 PM CHRISTOPHER PRINE Appellate Case Style: CLERK

Vs.

Companion Case No.: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/8/2015 5:47:42 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk Appellate Court: 1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s)

r:gj Person D Organization (choose one) IZJ Lead Attorney First Name: First Name: Middle Name:

Middle Name: Last Name:

Last Name: Suffix :

Suffix: - ProSe: 0 Address 1: Address 2: City: State: exas Zip+4: ""7 ~0~ 0~3 _ _ _ _- l ~~-----------~ Telephone: "'" i71'""'3'""' .2...,. 4~ 7 .-=- 95""'4~8-----. ext. -

lll. Appellee IV. Appellee Attorney(s)

~ Person 00rganization (choose one) [g] Lead Attorney First Name: ~--------------------------------,

First Name: Middle Name:

Middle Name: Last Name: Suffix: - ProSe: 0 Address I : Address 2: City: State:

Telephone~:,...,...~~~======~ Fax: Email: bs @nbsla~ers.com

SBN : Page 1 of 7 V. Perfection Of Appeal And Jurisdiction

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

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

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

DYes~ No

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

Permissive? (See TRAP 28.3): DYes IZ/ No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): DYes IZ/ No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: DYes~ No If yes, please specify statutory or other basis for such status: ----------------------------------------------~ Does this case involve an amount under $100,000? D Yes ~No

Judgment or order disposes of all parties and issues: ~ Yes DNo Appeal from fmal judgment: IZ/ Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes [giNo

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: IZ/ Yes DNo If yes, date filed :

Motion to Modify Judgment: DYes DNo Ifyes, date filed : Request for Findings of Fact DYes DNo Ifyes, date filed : and Conclusions of Law: DYes DNo If yes, date filed : Motion to Reinstate: DYes DNo Ifyes, date filed : Motion under TRCP 306a: Other: DYes DNo If other, please specify:

WII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court: DYes IZ/ No Ifyes, date filed :

Contest filed in trial court: DYes D No If yes, date filed :

Date ruling on contest due:

:{uling on contest: D Sustained D Overruled Date of ruling:

Pa ge 2 of 7 VTII. Bankruptcy

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: Bankruptcy Case Number:

IX. Trial Court And Record

Court: 151 st Judicial District Clerk's Record: County: arris ~~----------------------------~ Trial Court Clerk: ~ District 0 County Trial Court Docket Number (Cause No.): !2~0~1~2:;:.,-3~8~7.::.. 56 ~---__. Was clerk's record requested? ~ Yes 0 No

If yes, date requested: Trial Judge (who tried or disposed of case):

First Name: Were payment arrangements made with clerk? Middle Name: ~Yes 0No 0Indigent

LastName: E~ ~ ng~e~lli~art ~~-------------------------' (Note: No request required under TRAP 34.5(a),(b)) Suffix: - ~----~--~~~----------------, Address 1: Address 2 : City:

- State: Zip + 4: ._7 ;..;0:;.;:0;.;:: 2_ _ ___.

Telephone: Fax: Email:

Reporter's or Recorder's Record:

Is there a reporter's record? ~Yes 0 No

Was reporter's record requested? ~Yes 0No

Was there a reporter's record electronically recorded? 0 Yes ~ No

If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? ~Yes D No 0Indigent

Page 3 of7 [g] Court Reporter 0 Court Recorder D Official D Substitute

First Name: Middle Name: Last Name: Suffix: - Address I : ;:;no-;-;:;---;:--~;-;:;:;----------.

Address 2: City: State: exas Zip+4: Telephone: Fax: Email:

X. Supersedeas Bond

Supersedeas bond filed : DYes ~ No _____ lfyes, date filed: .__ ___, Will file: D Yes [g] No

XI. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes ~ No

ff~s,b~~~~iliebu~~~~re~e~ : ~---------------------~---------~ ------------------------------ XU. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, lOth, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? DYes ~No

If no, please specify: Has the case been through an ADR procedure? DYes D No

If yes, who was the mediator? '--------------------------------------...1 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: L-----------------------------~---------....1 Typeofcase? ~ C~o~ ntr ~ac~t-------~--·------------------------~ 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):

How was the case disposed of? ~:,lf.;.;ri::::a.:..I_ _ _ _~-----.---1 Summary of relief granted, including amount of money judgment, and if any, damages awarded. I gment ~-~--~--------~ If money judgment, what was the amount? Actual damages: )unitive (or similar) damages : $195,000.00

Page 4 of? Attorney's fees (trial): Attorney's fees (appellate): Other:

Will you challenge this Court's jurisdiction? DYes ~No Does judgment have language that one or more parties "take nothing"? ~ Yes O No Does judgment have a Mother Hubbard clause? ~Yes 0 No Other basis for fmality? Rate the complexity of the case (use 1 for least and 5 for most complex): 0 1 0 2 ~ 3 0 4 0 5 Please make my answer to the preceding questions known to other parties in this case. ~Yes 0 No Can the parties agree on an appellate mediator? 0 Yes ~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:

Xlll. 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:

Style:

Page 5 of? 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 fmancial 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 with in 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, inc luding 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? D Yes [g] 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? DYes [g] 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? D Yes [g] 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? DYes [g] 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'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 an affidavit under oath as to your financia l 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 prose party) Date: Ma~ 8, 201 5 I

] State Bar No .: ~;;. 09 45;..;0...__ _ ___...J ;;.;9;..;6;..;.5..;. Printed Name: [ imothx A. Hootman

Electronic Signature: ~s/Timoth~ A. Hootman l (Optional)

Page 6 of7 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 order or judgment as follows on Ma:>:: 8 20 ~--....1 15

Signature of counsel (or prose party) Electronic Signature: s/TimothY. A. Hootman (Optional)

State Bar No.: o:.; 09:...:9;..:6..:.. 54.:.:5;.;;0:....._ _ ___. 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: (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 that attorney

Please enter the following for each person served:

Date Served: M ..:.::a~ :>::..;8;.?..: 2.;. 0 .;.; 15;.__ _ _ _ ___.

Manner Served: mail ~~~--------------_.....

Law Firm Name: Address 1: Address 2: City: State Zip+4:

Telephone: 13.630.0708 ext. ~~~~~------~ Fax: Email: ers.com

If Attorney, Representing Party's Name:

Page 7 of 7