Sue Killgore Mobley v. James A. Mobley

• Court: Court of Appeals of Texas
• Decided: September 2, 2015
• Docket: 06-15-00058-CV
• Status: Published

Opinion

ACCEPTED 06-15-00058-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS Appellate Docket Number: 06-15-00058-CV I 9/2/2015 1:53:13 PM DEBBIE AUTREY Appellate Case Style: Sue Killgore Mobley CLERK I Vs. I Perry D. Reed, Perry D. Reed & Co.. and James A. Mobley

Companion Case No.: 1 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 9/2/2015 1:53:13 PM Amended/corrected statement: DOCKETING STATEMENT (Civil) DEBBIE AUTREY Clerk Appellate Court: 6th Court of Appeals (to he filed in the court of appeals upon perfection of appeal under TRJ\P 32)

I. Appellant II. Appellnnt Attorney{s)

181 Person D Organization (choose one) ~ Lead Allorney First Name: Ron I First Name: Sue I Middle Name: L. I Middle Name: l

Suffix: Law Firm Name: Adkison Law Firm I J

Address I: 300 W. Main I Pro Se: 0 Address 2: l City: Henderson 1 State: Texas Zip+4: 7565~ I Telephone: 903-657-8545 ext. J Fax: 903-657-6108 Email: nancy@adk ison lawfirm .com I SBN: 00921090 l 111. Appellee IV. Appellee Attorney{s)

181 Person 00rganization (choose one) 181 Lead A ttomey First Name: R. I First Name: James l Middle Name: Laughton I Middle Name: A. I Last Name: Whitehead J Last Name: Mobley I Suffix :

Suffix. J Law Firm Name: Law Office of R. L. Whitehead. P.C. I Pro Se: 0 Address I: P. 0. Box 688 I

Address 2: I City: Longview _J State: Texas Zip+4: 75606-0688 Telephone: 903-758-0561 ext. Fax: 903-758-9889 Email: rlwh itchead@ rlwhitehead.com I SBN: 2 1355000 I Page 1 of7 V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Other Final Judgment for Attorney Fees Date order or judgment signed: August 20. 2015 Type ofjudgment: ±summary Judgment (Partia1. Summary Judgme 1 t) Date notice of appeal filed in trial court: August 24. 20 15 I

If mailed to the trial court clerk, also give the date mailed : l Interlocutory appeal of appealable order: 0Yes ~No lf yes, please specify statutory or other basis on which interlocutory order is appealable (Sec TR/\ P 28): J Accelerated appeal (See TRAP 28): 0 Yes ~No If yes, please specify statutory or other basis on which appeal is accelerated: l

Parental Termination or Child Protection? (See TRAP 28.4): 0Yes (!]No

Permissive? (See TRAP 28.3): 0Yes ~No If yes, please specify statutory or other basis for such status: I Agreed? (See TRAP 28.2): 0 Yes !ZI No lfyes, please specify statutory or other basis for such status: J Appeal should receive precedence. preference, or priority under statute or rule: 0 Yes [81 No If yes, please specify statutory or other basis for such status: I Does this case lnvolve an amounc under$ I 00,000? IX! Yes 0No Judgment or order disposes of all parties and issues: [gl Yes 0No Appeal from final judgment: [gl Yes 0 No Does the appeal involve the constitutionality or the validity of a statute, rule. or ordinance? 0 Yes ~No

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: 0Yes [gJ No If yes, date Ii led: I

Motion to Modify Judgment: 0Yes ~No If yes, date filed: ] Request for Findfogs of Fact 0 Yes ~No lf yes, date filed: j and Conclusions of Law: Motion to Reinstate: 0 Yes !ZI No If yes, date filed: _J [gJ Yes QNo ff yes. date filed: August 24, 2015 Motion under TRCP 306a: Other: QYes QNo

If other. please specify: I VII. lndigencl Of Party: (Attach file-stamped copy of affidavit. and extension motion if filed.)

Affidavit filed m trial court: QYes [gl No If yes, date filed: I Contest filed in trial court: 0Yes QNo If yes, date filed: I Dale ruling on contest due: 1

Ruling on contest: 0 Sustained 0 Ovem1led Date of ruling: I I Page 2 of 7 VIII. Bankruptcy

Has any party to Lhe court's judgment filed for proteccion in bankmplcy which might affect this appeal? 0Ycs [gl No Ir yes. please attach a copy of the petition.

Date bankruptcy filed: I Bankntptcy Case Number: I

JX. Trial Court And Record

Court: 124ttl1udicial District C lerk's Record:

County: Gregg County. Texas Trial Court Clerk: IZJ D istrict D Coun ty Trial Co u r t Docket Number (Ca use No.): 20 11-1426-B Was clerk's record requested? rzl Yes D No

If yes, date requested: August 3 I • ::!O 15 _J Trial Judge (who tried or disposed o f case): lfno, date it will be requested: -------.I First Name: Alfonso Were payment arrangements made with clerk? Middle Name: 1 (in process) cgivcs ONo O lndigent Last Name: Charles --------------. ~~~~---------~

-------------~J (Note: No r equ est r eq uir ed un der TRA P 34.S(a),(b)) Suffix:

Address I: 101 E. Methvin, Suite 44 7 i Address 2 : I City: Longview I State: 'Texas Zip + 4: 75601 1 Telephone: 903-236- 1765 ext. 1~_~1

Fax: 903-236-0747 Email: erri.Shepherd@co.gregg.tx.us I

Reporter's or Recorder's Record:

Is there a reporter's record? [g!Yes 0 No

Was reporter's record requested? ~Yes 0No

Was there a reporter's record electronically recorded? D Yes IZ] No

If yes, date requested: August 3 1. 20 15

Jfno. date it will be requested: Were payment arrangements made with the court reporter/court recorder? fZIYcs D No Q Tndigent

Page 3 of7 181 Court Reporter D Court Recorder D Official D Substitute

first Name: Tina 1 Middle Name: A 1 Last Name: Campbell I Suffix: Address I : lfOTE. Methvin. Suite 447 I Address 2: I City: Longview I State: Texas Zip + 4: 75601 I Telephone: 903-237-2670 ext. I I

Fax: 903-236-0747 Email: Tina.Campbell@co.gregg.tx.us

X. Supersedeas Bond Supersedeas bond filed: 181 Yes D No If yes. date filed: September 2. 20 15 (Rule 11 ~reement in Lieu of Bond) Will file: 0 Yes No

XI. Extraordinary Relief

Will you request exLraordinary rclief(e.g. temporary or ancillary relief) from this Coun? 0Ycs IZI No If yes, briefly state the basis for your request: I

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st. 2nd, 4th, 5th, 6th, 8th, 9th, I 0th, J Ith, 12th, 13th, or 14th Court of Appeal)

Should this appeal be referred to mediation? !ZI Yes 0 No

Jf no, please specify: 1 Has the case been through an ADR procedure? !ZIYes 0No lfyes, who was the mediator? Joe Clayton. Tyler, TX l What type of ADR procedure? Mediation I At what stage did the case go through ADR? !ZI Pre-Trial 0 Post-Trial 0 Other

If other, please specify: but not to attorney fees J Type of case? Other/ Award of attorney foes Give a brief description of the issue to be raised on appeal, the relief sought, and Lhe applicable standard for review, if known (without prejudice lo the righl to raise additional issues or request additional relief):

I

How was the case disposed of'? ~ Final Judgment on Attorney Fees Summary of relief granted, including amount of money judgment. and if any. damages awarded. Attorney fees I If money judgment, what was the amount? Actual damages: I

Punitive (or similar) damages: $I 0.000.00 (sane t :i.ons)

Page 4 of 7 Attorney's fees (trial): I I Attorney's fees (appellate): I Other: I If other. please specify: j

Will you challenge this Court's jurisdiction? 0Yes ~No Does judgment have language that one or more part ies "lake nothing'"? 0 Yes~ No Does judgment have a Mother l lubbard clause? 0 Yes ~No

Other basis for finality? hone known/partial summan:judgments Rate the complexity of the case (use I for least and 5 for most complex): 01 ~1 03 04 os Please make my answer to the preceding questions known to other parties in this case. i:gj Yes 0 No Can the parties agree on an appellate mediator? [81 Yes 0No If yes. please give name. address, celephone, fax and email address: Name Address Telephone Fa"< Email Karen BishoP. t>. 0. Box 1330, Gilmer, 903-843-2255 903-843-3096 kbishop@meetiationbybi TX 75644 shop.com - Languages other than English in which the mediator should be proficient: none l Name of person filing out mediation section of docketing statement: Nancy Norman. Legal Assistant I

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: 06-15-00057-CV :1 Trial Court: 124th JD. Gregg County, TX

Style: Sue Killgore Mobley

Vs. James A. Mobley I '

Page 5 of7 XIV. Pro Bono Program : (Complete section if filin g 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 lo 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 t11e financial means of the appellant or appellce. 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 t11is program can be found in t11e Pro Bono Program Pamphlet available in paper fonn at the Clerk's Office or on the Internet al www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a leller from t11e Pro Bono Committee within t11irty (30) to forty-five (45) days after submitting this Docketing Statement. Nole: there is no guarantee thal if you submit your case for possible inclusion in the Pro Bono Program. the Pro Bono Committee will select your case and t11at pro bono counsel can be found lo represent you. Accordingly, you should not forego seeking ot11er counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee Lo transmit publicly available facts and information about your case, including parties and background. through selected Internet sites and Listserv Lo 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 t11e Pro Bono Committee to contact your trial counsel of record in iliis matter to answer questions t11e committee may have regarding the appeal? D Yes 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 t11e Pro Bono Program.

l f 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? D Yes D No TI1ese guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet al htt[l;}/asp~. hhs.gow npvc1w/06povcrty.shtn1l.

Are you willing to disclose your financial circumstances to ilie Pro Bono Commince? D Yes D No Jfyes. please attach an Affidavit ofln digency completed and executed by U1e appellant or appcllee. Sample forms may be found in t11e Clerk's Office or on the internet at hup: . www,tex-app_.m:g. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oalh as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, U1e relief sought, and the applicable standard of review, if known (witllout prejudice Lo t11e right to raise additional issues or request additional relief; use a separate attachment, if necessary).

Date: September 2, 2015

Printed Name: Ron Adkison State Bar No.: 00921090

Electronic Signature: IOpuonal)

Page 6 of 7 XVI. Certificate of Service

The undersigned counsel certifies that this docketing slalement has been served on the following lead counsel for all parties Lo the trial court's order Of judgmenc as fol low~ on September 2, 20 15

Sipature of counsel (or prose party) ElecLronic Signature: (Optional)

Stale Bar No.: 00921090 Person Served Certificate of Service Requirements (TRAP 9.S(e)): A certificate of service musL be signed by the person who made Lhe service and must scale: (I) Lhe 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 Lhat attorney

Please enter the following for each person served:

Date Served: September 2. 2015 Manner Served: Emai l ~~~~~~~~~~

First Name: R Middle Name: Laughton Last Name: Whitehead Suffix: Law Firm Name: Law Office of R. L. Whitehead

Address I : P. 0. Box 688 Address 2: City: Longview Stace rrexas Zip+4: 75606-0688 Telephone: 903-758-0561 ext. Fax: 903-758-9889 Email: rlwhitehead@rlwhitehead.com If Actomey, Representing Party's Name: James A. Mobley

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