Ron Seale, Individually and as the Representative of the Estate of Clara Lavinia Seale v. Horace Truett Seale and Wife, Nan Seale

Opinion

ACCEPTED 12-15-00004-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 1/23/2015 4:02:34 PM Appellate Docket Number: CATHY LUSK CLERK Appellate Case Style:

Vs.

Companion Case No.: FILED IN 12th COURT OF APPEALS TYLER, TEXAS 1/23/2015 4:02:34 PM CATHY S. LUSK Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court:[IZ:th§o~tfl;>fi\'Pil~~~$ · · U (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

Organization Name: First Name: Middle Name: Last Name: Suffix: Suffix: Law Firm Name: ~~X&•'t:li•fslj~;J\,'tt,oj'lle)'S'.att.a,Y;~;<:i~~; i''+: ProSe: 0 Address 1:

Address 2: City: State: Telephone: (90,~)567£2651 , ____ c_ ,-, ,_- - ---- ---'--

... ext.

D Person IZJ Organization (choose one) D Lead Attorney Organization Name: J'lM!~t~f~(Qjaf,li£'!:V:llii.i:§~aJe}p'ti(i~~eii);:, /'1 First Name: First Name: Middle Name:

Name:

Suffix: ProSe: 0 Address I:

Address 2:

City: State: Telephone:

First Name:

First Name: Middle Name:

Middle Name: Last Name: Last Name: Suffix: Suffix: ProSe: 0 Address 1:

Address 2: City: State: tt'e:){fu. ' Telephone: Fax: Email:

Lead Attorney First Name:

First Name: Middle Name:

Middle Name: Last Name: Last Name: Suffix: Suffix: ProSe: 0 IAd<lress l:

Address 2: City: State: Telephone: Fax: ;~',,~,··"~'"'"·~.~t\f J,i£j:)~fi' 1i

Email: SBN:

Date order or judgment signed: o¥~cii)\~er.I~;Jibj4{i' ; Type ofjudgment: I.JI!;:Illi§sill''" · 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 ISJ No If yes, please specifY statutory or other basis on which interlocutory order is appealable (See TRAP 28):

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

Permissive? (See TRAP 28.3): DYes ISJ No If\,~pj ~\~~fe.,.~P.~dfY st~tu~<H~or<,tl :•>;,_<•;•.;::·;,•:•>:•:;f0,~o;\ '?'.'Fe" ;cj:'';)i,.iil\iii~•~ i ;2 .\ •. cc7~7•'':}\'!Ci; :i'c;:"t,,!\:i •;.·c····· :·•;;;;;y(;,:.· :1 Agreed? (See TRAP 28.2): DYes ISJ No

DYes ISJ No

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

for New Trial: DYes Motion to ModifY Judgment: DYes ISJ No If yes, date filed: Request for Findings ofF act DYes ISJ No If yes, date filed: and Conclusions of Law: Motion to Reinstate: DYes ISJ No If yes, date filed:

Motion under TRCP 306a:

DYes ISJ No If yes, date filed:

Other: DYes ISJ No

Affidavit filed in trial court: DYes DNo

Contest filed in trial court: DYes ISJ No Date ruling on contest due:

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

Has any pa1ty 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:

Trial Court Clerk: D District ~ County Trial Court Docl{ct Number (Cause No.): Was clerk's record requested? DYes ~No

Judge (who tried or disposed of case): If yes, date requested: ;:~:{:~·:]~~~~~~~~~~~~;I~~'~;'!\~~·;~·J~j)J If no, date it will be requested:

First Name: Were payment arrangements made with clerk? Middle Name: ~Yes DNo Dindigent Last Name:

(Note: No request required under TRAP 34.S(a),(b)} Suffix: IAd<lress 1: 1Adldre:ss 2 : City: State: Zip+ 4: \Z,:S:,jg:l,)£"'•i'",iJ Telephone: @~~I.~61t72!~'J] ~0j ext. Fax: Email:

or Recorder's Record:

Is there a reporter's record? ~Yes D No Was repartees record requested? DYes ~No

Was there a reporter's record electronically recorded? ~Yes D No If yes, date requested: lF;5 ~~~;.Yiiii!o.i'C?'·•~•,;,J:; If no, date it will be requested: ~~i:ir,i\~iYJi,2()'}'~. ;".;., ;;~ 1 Were payment arrangements made with the comt reporter/court recorder? ~Yes D No Dindigent

Page 4 of10

[gJ Court Reporter D Court Recorder [gj Official D Substitute

First Name: Middle Name: Last Name: Suffix: Address 1: 'V4lli~~@£(;:~uiltlf.¢§iltih9use ,y····· Address 2: ifi!J':F~tp~t\~s'sfi..,~}'Room' 2o1;; •··· · City: State: Telephone: \96'i)56Zr~~~8 ' 1 ext. Fax: (~0~)'5,67f6&5<f'(' Email: sbr6s~l~tu!@~.ffi.zai1.4(c6uili}>,</rg ,.¥:;, . . .

Will file: DYes [g] No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes [gJ No If yes, briefly state the basis for your request: 1•,;; '.'(.'ili(i\)iiiJ)i~·~~E~i~!;~,·· )\!!I

Should this appeal be referred to mediation?

[gJ Yes D No If no, please spe:cify:l,·i\;,[\ ;;; ;> L•'i';';';;!;'•;\ :t<~if!}~·'!!~\;N;i}'lz;·~'' ;,{•' 'L'y'17j\~'':.f[~~~~Li!l1!•!;i~?'i ,;;. ~%;;;~ ; ~ 1].~\G;lF<?il~~;~!l~ Has the case been through an ADR procedure? DYes [g] No If yes, who was the mediator?, ,,,,;;.\)!·ii:'0\C}]>f§{;¥• Jii!·•''~ What type of ADR procedure? ·~;;i~'i~''·'~li) 'Z· ·')[;2·.~.0~.~i1 At what stage did the case go through ADR? 0Pre-Trial D Post-Trial D Other If other, please specify:

Type of case? 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? Summary of relief granted, including amount of money judgment, and if any, damages awarded. f'lJIS~;.aiS,tlii~~.~aJoi'liCJ<ii9~rif<ll~tio~j;1 '"'"no'e"judgment, what was the amount? Actual damages: I Ptmiltive (or similar)

Attorney's fees (trial):

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

Please make my answer to the preceding questions known to other patties in this case. DYes ~ No Can the parties agree on an appellate mediator? DYes ~ No If yes, please give name, address, telephone, fax and email address: Name Address Fax

Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement:

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? 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 oflndigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department ofHealth 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? DYes ~ 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 intemet 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).

Signature of counsel (or prose party) Date:

State Bar No.:

Electronic Signature:

(Optional)

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all patties to the trial court's order or judgment as follows on !!l!l~ilfY23i:gtifS: 'Jl

Signature of counsel (or pro se party) Electronic Signature: (S/Rid);ir<\ L.)\<tyt;

(Optional)

State Bar No.:

IP<lrs<m 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 patty's attorney, the name of the party represented by that attorney

enter the following for each person served:

Date Served: [ill\\j~\'f%?;'2il15' i ' Manner Served: R~~'vfm.:~~;!J.c''c,)i,j ~· '_ ;.1>;

Name:

Name:

Suffix: tn;•.·t:••y ', '}.]

Address 1: Address 2:

CHy: State

Telephone: Fax: (9'(fJ,)·~~S,G!>7<)§!. ;\;o. • j\¥a~~f®tii!i:l!nW~t~eH~wt99iil If Attorney, Representing Party's Name: Hbt~fe 1%e~'s~lilli'@'il!j\f~li;s~;;ii\'.cf ' Please enter the following for each person served:

Date Served:

First Name: Middle Name: Last Name: Suffix: Law Firm Name:Mffi'til1J\V~Ik~fii¢,¢((,> i> ··•••·•····

Address 1: Address 2:

City: State Telephone: Fax: (§O:l)/~9~-;Q'I'?~'\i / · Email : \Us<iiii>Ut~~@ii\i!l1111yvaikerla\'l:C<Jili · If Attorney, Representing Party's Name: ~6~accPr;,J~i[S~Niii~)iiii;f~\liS~~lb ~ ..., ... "•cc' Please enter the following for each person served:

Date Served:

First Name: Middle Name:

Address 1: Address 2:

City: State

Fax: Email: If Attorney, Representing Party's Name: f.i\~0\f~i~~~: 1) ; ~J;i~.si!i)iJJ,;;y;/:jf\~~)! Please enter the following for each person served:

Date Served: Manner Served: i:c:''''il' ;:;: !'c· ·:;··~-·

First Name: Middle Name:

Suffix: Law Firm Nacm<>: ~,;,,;,;;; :·;·.-.··: >f\;:1-&;'f!j!(;!{,'~\/t;

Address 1: Address 2: City: State

Fax: Email: If Attorney, Representing Party's Name:

Page 10of10

c CAUSE NO. CV04637 r-rr Fn FOR RECORfl 2014 OEC 16 PH 3: 2 I RON SEALE, Individually and as the § .COUNTY COURT AT LAW Representative of the Estate of § CHARLO ITt, a1 ['I . CLARALA~ASEALE § couumtmx. 1'iuzAnoWo'. 1.

Plaintiff § BY--~-- /JtP.

§ vs. § OF § HORACE TRUETT SEALE and wife, § NAN SEALE, § Defendants § VANZANDT COUNTY, TEXAS

ORDER On November 20, 2014, the Comt heard the Defendants' Motion to Dismiss fvr Lack of

Jurisdiction. All paities we1·e represented by counsel.

Having cvnsidered the motion, Plaintiff's response, the ~rgument!i of counsel, and the

applicable law, the Court concludes that it lacla! jurlsdictlon over the Plaintiff's claims. It Js

therefore ORDERED that Defendants' Motion to Dismiss for Lack of Jurisdiction is hereby

GRANTED.

. 16'14 SIGNED AND ENTERED on thw the~ day of December, 2014.

/2adiL.Jr/Jvtl HONORABLE RANDALL. MCDONALD JUDGE PRESIDING

(

CAUSE NO. CV04637

RON SEALE, Individually and as the § COUNTY COURT AT LAW Representative of the Estate of § CLARA LAVINIA SEALE § Plaintiff § § vs. § § HORACE TRUETT SEALE and wife, § NAN SEALE, § Defendants §

PLAINTIFFS' NOTICE OF APPEAL Pursuant to Rule 25.1 of the Texas Ru1es of Appellate Procedure, Ron Seale,

Individually and as the Representative of the Estate of Clara Lavinia Seale, the Plaintiffs

in the above-styled and numbered action file this notice of appeal to the Twelfth Distdct

Court of Appeals (Tyler). Plaintiffs desire to appeal from the judgment l'endered against

Plaintiffs and in favor of the Defendants by the County Court at Law of VanZandt

County, Texas on December 16,2014.

Dated this the 12th day of January, 2015.

Respectfully submitted,

~ THATCHER~'El SATLAW,P.C.

By:

ATTORNEY FOR PLAINTIFFS

PLAINTIFFS' NOTICE OF APPEAL Cause No. CV04637; Ron Seale eta! vs, Horace Truett Seale et ux Page 1 ...

CERTIFICATE OF SERVICE

I certify that on January 12, 2015, I deposited in the United States Mail a true

copy of the preceding notice of appeal addressed to attorney of record for Defendants by

certified mail, return receipt requested (#7012 3050 0000 1271 7774) as follows:

Mr. John F. (Jack) Walker, III Martin Walker, P.C. The Arcadia Theater 121 N. Spring Avenue Tyler, Texas 75702 I , Dated the 12th day of January, 2015.

PLAINTIFFS' NOTICE OF APPEAL Cause No. CV04637; Ron Seale eta/ vs. Horace Tiwett Seale et ux Page2