Riyaaz Tayob v. Quarterspot, Inc.

Opinion

ACCEPTED

05-15-00897-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

8/3/2015 12:54:34 PM

Appellate Docket Number: 05-15-00897-CV LISA MATZ CLERK

Appellate Case Style: Riyaaz Tayob

Vs.

Quarterspot. Inc.

Companion Case No.: FILED IN 5th COURT OF APPEALS

DALLAS, TEXAS

8/3/2015 12:54:34 PM

LISA MATZ

Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: 5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s) ~ Person 0 Organization (choose one) 0 Lead Attorney First Name: David

First Name: Riyaaz Middle Name: Middle Name: Last Name: Gibson Last Name: Tayob Suffix:

Suffix: Law Firm Name: The Gibson Law Group

ProSe: 0 Address I : 3102 Maple Avenue Address 2: Suite400 City: Dallas State: Texas Zip+4: 75201-1261 Telephone: 214-800-2213 ext. Fax: 214-800-2214 Email: my.lawyer@sbcglobal.net SBN: 07861220

I. Appellant 11. Appellant Attorney(s) 0 Person 0 Organization (choose one) ~ Lead Attorney First Name: Susan First Name: Middle Name:

Middle Name: Last Name: Taylor

Last Name: Suffix:

Suffix: Law Firm Name: The Gibson Law Group

ProSe: 0 Address 1: 3102 Maple Avenue Address 2: Suite 400

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City: Dallas State: Texas Zip+4: 75201-1261 Telephone: ext. Fax: 214-800-2214 Email: susan.durr.taylor@gmail.com SBN: 06287580

L Appellant II. Appellant Attonaey(s) 0 Person 0 Organization (choose one) 0 Lead Attorney First Name:

First Name: Middle Name: Middle Name: Last Name: Last Name: Suffix: Suffix: Law Firm Name:

ProSe: 0 Address 1:

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

III. Appellee IV. Appellee Attomey(s) 0 Person IZ!Organization (choose one) 1Zl Lead Attorney Organization Name: Quarterspot, Inc. First Name: Julianne First Name: Middle Name: Middle Name: Last Name: Nguyen Last Name: Suffix: Suffix: Law Firm Name: Harrell, Pailet & Associates, P.C. ProSe: 0 Address I: 5454 La Sierra Drive Address 2: Suite 100 City: Dallas State: Texas Zip+4: 75231-2350 Telephone: 214-871-8710 ext. 103 Fax: 214-871-0070 Email: jnguyen@pailetpc.com SBN: 24088127

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V. Perfection Of Appeal And Jurisdiction

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

Date order or judgment signed: March 18,2015 Type ofjudgment: Bench Trial Date notice of appeal filed in trial court: July 21, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: D Yes IZJ No If yes, please specifY statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): DYes IZJ No If yes, please specifY statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): DYes 1!/No

Permissive? (See TRAP 28.3): DYes [gl No If yes, please specifY statutory or other basis for such status:

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

Appeal should receive precedence, preference, or priority under statute or rule: DYes [gl No If yes, please specifY statutory or other basis for such status:

Does this case involve an amount under $100,000? [gl Yes DNo Judgment or order disposes of all parties and issues: IZJ Yes DNo Appeal from fmal judgment: IZJ Yes D No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? IZJ Yes DNo

VI. Aetions Extending Time To Perfect Appeal

Motion for New Trial: [g!Yes 0 No If yes, date filed: May 27,2015 Motion to ModifY Judgment: DYes [gl No Ifyes, date filed: Request for Findings of Fact DYes [gl No If yes, date filed: and Conclusions of Law: Motion to Reinstate:

DYes IZJ No If yes, date filed:

Motion under TRCP 306a:

IZJ Yes D No If yes, date filed: May 27,2015

Other: DYes [gl No If other, please specifY:

VII. Indigency Of Party: (Attaeh file-stamped eopy of affidavit, and extension motion if filed.)

Affidavit filed in trial court: DYes [gl No Ifyes, date filed:

Contest filed in trial court: DYes DNo If yes, date filed:

Date ruling on contest due:

Ruling on contest: D Sustained 0 Overruled Date of ruling:

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VIII. Bankruptcy

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

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: County Court at Law No. 4 Clerk's Record: County: Collin County Trial Court Clerk: D District IZJ County Trial Court Docket Number (Cause No.): 004..()0667-2015 Was clerk's record requested? IZJ Yes D No

If yes, date requested: July 31,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: David Were payment arrangements made with clerk? Middle Name: D. DYes IZ]No Dindigent LastName: Rippel (Note: No request required under TRAP 345(a),(b))

Suffix: Address 1: 2100 Bloomdale Road Address 2: Suite 10374 City: McKinney State: Texas Zip+4: 75071-8318 Telephone: 972-424-1460 ext. 3840

Fax: 972-548-3844 Email:

Reporter's or Recorder's Record:

Is there a reporter's record? IZ]Yes D No Was reporter's record requested? IZ]Yes DNo

Was there a reporter's record electronically recorded? DYes D No

If yes, date requested: July 31, 2015

If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? DYes IZj No Dindigent

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0 Court Reporter 0 Court Recorder [g/ Official 0 Substitute

First Name: Claudia Middle Name: Last Name: Webb Suffix: Address 1: 2100 Bloomdale Road Address 2: Suite 10374 City: McKinney State: Texas Zip+ 4: 75071-8318 Telephone: 972-548-3847 ext. Fax: 972-548-3844 Email: cwebb2@collincountytx.gov

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

Will file: 0 Yes [g/ No

XI. Extraordinary Relief

Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? 0 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, 4tb, Stb, Citb, 8tb, 9th, lOth, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation?

[g/ Yes 0 No

If no, please specify: Has the case been through an ADR procedure? DYes [g/ No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? 0Pre-Trial 0 Post-Trial 0 Other

If other, please specify:

Type of case? Contract 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): Appellee obtained a default judgment against appellant in Virginia and then domesticated the foreign judgment in Texas. Appellant raises due process issues on appeal.

How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded $22,000 actual damages plus attorney's fees and interest

If money judgment, what was the amount? Actual damages: $22,000.00 Punitive (or similar) damages: $0.00

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Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specifY:

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

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:

Vs.

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XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, Sth, 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 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? D 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? DYes D 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 oflndigency and attached a file-stamped copy ofthat affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? DYes D No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at

Are you willing to disclose your fmancial circumstances to the Pro Bono Committee? DYes 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 . 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

Signature of counsel (or pro se party) Date: August 2. 2015

Printed Name: Susan Taylor State Bar No.: 06287580

Electronic Signature: Susan Taylor (Optional)

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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 August 2, 2015

Signature of counsel (or pro se party) Electronic Signature: Susan Taylor (Optional)

State Bar No.: 06287580 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: August 2, 2015 Manner Served: eServed

First Name: Julianne

Middle Name:

Last Name: Nguyen Suffix: Law Firm Name: Harrell, Pailet & Associates, P.C.

Address 1: 5454 La Sierra Drive Address 2: Suite 100

City: Dallas State Texas Zip+4: 75231-2350

Telephone: 214-871-8710 ext. 103 Fax: 214-871..0070 Email: jnguyen@pailetpc.com

If Attorney, Representing Party's Name: Quarterspot, Inc.

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