Ricardo G. Cedillo, Jason C. Zehner, J. Russell Davis and Davis, Cedillo & Mendoza, Inc. v. Immobiliere Jeuness Establishment

Opinion

‘ ACCEPTED 14-15-00101-CV FOURTEENTH COURT OF APPEALS Appellate Docket Number. HOUSTON, TEXAS 2/16/2015 10:58:50 AM CHRISTOPHER PRINE Aveleeceeewle CLERK

Vs.

Companion Case No: FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/17/2015 9:11:00 AM Amended/conected statement: x DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk Appellate Coun: (to be tiled in the court of appeals upon perfection of appeal under TRAP 32)

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Page 3 of 10 V. Perfection Of Appeal And Jurisdiction

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

Date order or judgment signed: February 2, 2015 Type of judgment: Interloeutory Order

Date notice of appeal filed in trial court: February 3, 2015 If mailed to the trial court clerk, also give the date mailed:

Iriterlocutory appeal of appealable order: Yes |:| No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Civ: Prac. & Rem: Code Section SL016 & 9 USC l6(a)(l)(C); alternatively Civ. Prac, & Rem. Code Section 171.098

Accelerated appeal (See TRAP 28): lXl Yes D N0 If yes. please specify statutory or other basis on which appeal is accelerated: Civ. Prac. & Rem: Code Section 28.1(a) Parental Termination or Child Protection? (See TRAP 28.4): |:]Yes E] No

Permissive? (See TRAP 28.3): D Yes E No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 282): I1 Yes E N0 If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: l:l YC5 N0 If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? D Yes E No Judgment or order disposes of all parties and issues: D Yes E No Appeal from final judgment: D Yes E No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes E No VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: |:| Yes E No Ifyes, date filed:

Motion to Modify Judgment: |:|Yes XI No If yes, date filed:

Request for Findings of Fact and Conclusions of Law: D Yes E No lfyes, date filed:

|:[Yes E No If yes, date filed: Motion to Reinsme: Motion under TRCP 306a: D Y“ E M’ If-V65’ date filed:

Other: |:|Yes E No If other, please specify:

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

Affidavit filed in trial court: D Yes D No Ifyes, dale filed:

Contest filed intrial court: l:lYeS N0 1f.V0S«, (1310 mcdi

Date ruling on contest due:

Ruling on contest: |:] Sustained |:] Ovemtled Date of ruling;

Page4of1O VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? |:| Yes E No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: 215th Judicial District Clerk's Record:

County: Harris Trial Court Clerk: X] District lj County Trial Court Docket Number (Cause No.): 2012-45412 Was clerk's record requested? |X| Yes |:| No If yes, date requested: February 3, 2015 Trial Judge (who tried or disposed of case): If no. date it will be requested: First Name: Elaine Were payment arrangements made with clerk? Middle Name: H. g|Yes D No Dlndigent Last Name: Palmer (Note: No request required under TRAP34.5(a),(b)) Suffix:

Address 1: Harris County District Courthouse

Address 2 : 201 Caroline, 13th Floor

City: Houston State: Texas Zip+4: 77002 Telephone: (713) 368-6330 ext.

Fax: Email:

Reporter's or Recorder's Record:

Is there a reporter's record? Yes |:| No Was reporter's record requested? E Yes [:| No

Was there a reporter's record electroriically recorded‘? Yes |:| No lfyes, date requested: Febmary 3, 2015

Ifno, date it will be requested: Were payment arrangements made with the court reporter/court recorder? yes D No Dlndigent

Page5of1O |X| Court Reponer |:| Court Recorder E Official |:I Substitute

First Name: Cantrece

Middle Name: Last Name: Addison Suffix:

Address 1: Harris County District Courthouse

Address 2: 201 Caroline, 13th Floor City:

State: Texas Zip+4: 77002 Telephone: 713-368-6335 ext.

Fax:

Email: cantrece_addison@justex:net

X. Supersedeas Bond

Supersedeas bond f1led:|:|Yes No lfyes. date filed:

Will file: |:|Yes E No XI. Extraordinary Relief

Will you request extraordinary relief (e.g, temporary or aneillar_v relief) from this Court? |:| Yes 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 he referred to mediation? D Yes E No Ifno. please specify:

Has the 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? |:] Pi-e—Tna1 |:] Post—Tnal |:] Other

If other, please specify:

Type of case‘? Professional Malpractice 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):

Is partner suing derivatively on behalf of partnership bound by partnership's agreement to arbitrate; seeking order compelling partner to arbitration pursuant to agreement; de novo

How was the ease disposed 017 Other 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:

Page6of1O Attorney's fees (trial):

Attorney's fees (appellate):

Other:

If elhefi Please SPeeifY=

Will you challenge this Court's jurisdiction? |:] Yes E No Does judgment have language that one or more parties "take nothing"? |:| Yes E No Does judgment have a Mother Hubbard clause? |:]Yes E No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): |:] 1 |:] 2 |:] 3 |Z 4 |:] 5

Please make my answer to the preceding questions known to other parties in this case. E Yes |:| No Can the parties agree on an appellate mediator? E] Yes E No l.fyes, 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:

List any pending or past Ielated appeals before this or any other Texas appellate court by court, docket number, and style.

vockemmnber: mu com: We

Page7 of 10 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 witlt 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 lntemet at www.tex-apporg. 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 lntemet sites and Listsew 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? D 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 Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the US Department of Health and Human Services Federal Poverty Guidelines? D Yes No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the intemet at http://asmhhs.gov/poverty/Ofipovertv.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes D N0 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 art 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). 1

XV. Signature

Signature of counsel (or pro se party) Date: February 16, 2015

Printed Name: Stacey Neumann Vu State Bar No.: 24047047

Electronic Signature: Stacey Neumaim Vu (Optional)

Page8of1O 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 Febmaly 16, 2015

Signature of counsel (or pro se party) Electronic Signature: Stacey Neumann Vu (Optional)

State Bar No:: 24047047 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: February 16, 2015 Manner Served: eServed

First Name: Lance

Middle Name: Chrislophfif

Last Name: Kassab Suflix:

Law Firm Name; The Kassab Law Firm Address 1: 1420 Alabama Address 2:

City: Houston State Texas Zip+4: 77004

Telephone: (713) 522-7400 ext.

Fax: (713) 522-7410

Email; lck@texaslegalmalpractice.com

If Attorney, Representing Par1y's Name: Immobiliere Jeuness Esmblissement

Please enter the following for each person served:

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LastName: sense:

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nArrorney, Represennng Party's Name:

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Name: Middle Name:

LastN8IneI Sufflxi

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Address 2:

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