Appellate Docket Number: j 2. —i 5 - 0 O-Z —C U
Appellate Case Style: ^UK fi* Rdb»*f*f'&»- vs. ^0" ^ ft rw-t PiKr\Lst-
Companion Case No.: I^.^y. ^2.^(9 N COURT OF APHfcALS
Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the court of appeals upon perfection of appeal uader
I. Appellant II. Appellant Attorney(s7
\7\ Person f_3 Organization (choose one) Lead Attorney First Name: t*J "<. YU i* *K FirstName: UfttitJMfl Middle Name: ^.0 Wewr Middle Name: ^otf<-"1" Last Name: twVK6*- Last Name: %fa~\($£ *~ Suffix:
Suffix: Law Firm Name:
ProSe: QT Address 1: W 0 0 - p-.ft - 3> ^5 X* Address 2: B^J^l^ "T*y>*J- *75?D^ City: *P»^liej4iVe State: Texas ~T",£> yJ'kL Zip+4: f^O?* Telephone: ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
] Person ^] Organization (choose one) Lead Attorney First Name:
First Name: Middle Name:
Middle Name: Last Name:
Last Name: Suffix:
ProSe: Q Address 1:
Address 2:
City: State: Texas Zip+4: Telephone: ext.
Pagel of 7 V. Perfection Of Appeal And Jurisdiction
Nature ofCase (Subject matter ortype of case): (_, •!, v \ V. Date order or judgment signed: CJ-H, L\j 2 %M> •5" TvPe ofjudgment: Date notice ofappeal filed in trial court: «*""*< ry 2~H i S 5 lb If mailed to the trial court clerk, also give the date mailed: <5T tt 1V 3 i\ "?*$ 1& Interlocutory appeal of appealable order: QYes Q'No If yes, please specify statutory or other basis onwhich interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): • Yes B"N° If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): QYes QNo
Permissive? (See TRAP 28.3): • Yes 0"^° If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): • Yes 0^° If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: l_l Yes Ld No If yes, pleasespecify statutory or other basis for such status:
Does this case involve an amount under $100,000? 0 Yes L^o Judgment ororder disposes of all parties and issues: F~] Yes QNo Appeal from final judgment: • Yes • No Does the appeal involve the constitutionality or the validity ofa statute, rule, or ordinance? •'Yes QNo
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: • Yes • No If yes, date filed:
Motion to Modify Judgment: •Yes • No If yes, date filed: Request for Findings of Fact • Yes QNo If yes, date filed: and Conclusions of Law: •Yes QNo If yes, date filed: Motion to Reinstate: • Yes [7] No If yes, date filed: Motion under TRCP 306a:
Other: • Yes QNo If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, andextension motion if filed.)
Affidavit filed in trial court: • Yes QN No If yes, date filed:
Contest filed in trialcourt: QYes 0N No If yes, date filed:
Date ruling on contest due:
Ruling oncontest: Q Sustained • Overruled Date of ruling:
Page 2 of 7 VIII. Bankruptcy
Has any party to the court'sjudgment filed for protection in bankruptcy which might affect this appeal? • Yes 0"No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: |^3,rl ^t\l^C®U^ffeyfrf Clerk's Record:
County: ^^ ^ Trial Court Clerk: •'District • County / Trial Court Docket Number (Cause No.): Was clerk's record requested? • Yes [~T No If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: UfV^JWrV Were payment arrangements made with clerk?•Yes Middle Name:
Suffix: /V
Address 2 :
City: State: Texas Zip + 4: Telephone: ext.
Reporter's or Recorder's Record:
Is there a reporter's record? Was reporter's record requested? ?j Yes \P\ No I IYes 0No &T,4vr6<- £Wfe ^ec^^t Was there a reporter's record electronicallyrecorded? • Yes • N No
If yes, date requested:
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? i—lyes I—I No
pDsrm VfytipVJ' Ffte?^
Page 3 of 7 ] CourtReporter ] CourtRecorder • Official • Substitute
First Name:
Middle Name:
Last Name: (AfOrVA/lTWA? Suffix:
Address 1:
City: State: Texas Zip + 4: Telephone: ext. Add Another Reporter Fax:
X Supersedeas Bond
Supersedeas bond filed: • Yes [/No If yes, date filed:
Will file: DYes £fNo
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary orancillary relief) from this Court? • Yes Q'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 be referred to mediation? • Yes 0No
If no, please specify: Has the case been through an ADR procedure? QYes Q No If yes, who was the mediator? V What type of ADR procedure? Atwhat stage did the case gothrough ADR? • Pre-Trial • Post-Trial • Other Ifother, please specify: fQ CsyJ ^ Type ofcase? £ ,v ..* ( Give a brief description ofthe issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to theright toraise additional issues orrequest additional relief):
How was the case disposed of? Summary ofrelief granted, including amount ofmoney judgment, and ifany, damages awarded. If moneyjudgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 4 of 7 Attorney's fees (trial): Attorney's fees (appellate): Other:
If other, please specify:
Will you challenge thisCourt's jurisdiction? •Yes • No l{ Y\ Does judgment have language thatoneor more parties "take nothing"? • Yes 0^° Doesjudgment have a Mother Hubbard clause? • Yes 0"No Other basis for finality? Rate the complexity ofthe case (use 1 for least and 5 for most complex): [3*1 • 2 \~[ 3 • 4 • 5 Please make my answer to the preceding questions known to other parties inthis case. pfYes l~l No Canthe parties agreeon an appellate mediator? • 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:
XIII. Related Matters
Listany pending or pastrelated appeals before thisor any other Texas appellate court by court, docket number, and style.
Docket Number: Trial Court:
Style:
Vs.
Page 5 of 7 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 StateBar of Texas AppellateSectionPro Bono Committee and localBar Associations, are conducting a programto place a limitednumber of civil appeals with appellate counselwho will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selectingthe civil cases for inclusion in the Program based upon a number of discretionary criteria, includingthe financial means of the appellant or appellee.
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Appellate Docket Number: j 2. —i 5 - 0 O-Z —C U
Appellate Case Style: ^UK fi* Rdb»*f*f'&»- vs. ^0" ^ ft rw-t PiKr\Lst-
Companion Case No.: I^.^y. ^2.^(9 N COURT OF APHfcALS
Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the court of appeals upon perfection of appeal uader
I. Appellant II. Appellant Attorney(s7
\7\ Person f_3 Organization (choose one) Lead Attorney First Name: t*J "<. YU i* *K FirstName: UfttitJMfl Middle Name: ^.0 Wewr Middle Name: ^otf<-"1" Last Name: twVK6*- Last Name: %fa~\($£ *~ Suffix:
Suffix: Law Firm Name:
ProSe: QT Address 1: W 0 0 - p-.ft - 3> ^5 X* Address 2: B^J^l^ "T*y>*J- *75?D^ City: *P»^liej4iVe State: Texas ~T",£> yJ'kL Zip+4: f^O?* Telephone: ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
] Person ^] Organization (choose one) Lead Attorney First Name:
First Name: Middle Name:
Middle Name: Last Name:
Last Name: Suffix:
ProSe: Q Address 1:
Address 2:
City: State: Texas Zip+4: Telephone: ext.
Pagel of 7 V. Perfection Of Appeal And Jurisdiction
Nature ofCase (Subject matter ortype of case): (_, •!, v \ V. Date order or judgment signed: CJ-H, L\j 2 %M> •5" TvPe ofjudgment: Date notice ofappeal filed in trial court: «*""*< ry 2~H i S 5 lb If mailed to the trial court clerk, also give the date mailed: <5T tt 1V 3 i\ "?*$ 1& Interlocutory appeal of appealable order: QYes Q'No If yes, please specify statutory or other basis onwhich interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): • Yes B"N° If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): QYes QNo
Permissive? (See TRAP 28.3): • Yes 0"^° If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): • Yes 0^° If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: l_l Yes Ld No If yes, pleasespecify statutory or other basis for such status:
Does this case involve an amount under $100,000? 0 Yes L^o Judgment ororder disposes of all parties and issues: F~] Yes QNo Appeal from final judgment: • Yes • No Does the appeal involve the constitutionality or the validity ofa statute, rule, or ordinance? •'Yes QNo
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: • Yes • No If yes, date filed:
Motion to Modify Judgment: •Yes • No If yes, date filed: Request for Findings of Fact • Yes QNo If yes, date filed: and Conclusions of Law: •Yes QNo If yes, date filed: Motion to Reinstate: • Yes [7] No If yes, date filed: Motion under TRCP 306a:
Other: • Yes QNo If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, andextension motion if filed.)
Affidavit filed in trial court: • Yes QN No If yes, date filed:
Contest filed in trialcourt: QYes 0N No If yes, date filed:
Date ruling on contest due:
Ruling oncontest: Q Sustained • Overruled Date of ruling:
Page 2 of 7 VIII. Bankruptcy
Has any party to the court'sjudgment filed for protection in bankruptcy which might affect this appeal? • Yes 0"No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: |^3,rl ^t\l^C®U^ffeyfrf Clerk's Record:
County: ^^ ^ Trial Court Clerk: •'District • County / Trial Court Docket Number (Cause No.): Was clerk's record requested? • Yes [~T No If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: UfV^JWrV Were payment arrangements made with clerk?•Yes Middle Name:
Suffix: /V
Address 2 :
City: State: Texas Zip + 4: Telephone: ext.
Reporter's or Recorder's Record:
Is there a reporter's record? Was reporter's record requested? ?j Yes \P\ No I IYes 0No &T,4vr6<- £Wfe ^ec^^t Was there a reporter's record electronicallyrecorded? • Yes • N No
If yes, date requested:
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? i—lyes I—I No
pDsrm VfytipVJ' Ffte?^
Page 3 of 7 ] CourtReporter ] CourtRecorder • Official • Substitute
First Name:
Middle Name:
Last Name: (AfOrVA/lTWA? Suffix:
Address 1:
City: State: Texas Zip + 4: Telephone: ext. Add Another Reporter Fax:
X Supersedeas Bond
Supersedeas bond filed: • Yes [/No If yes, date filed:
Will file: DYes £fNo
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary orancillary relief) from this Court? • Yes Q'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 be referred to mediation? • Yes 0No
If no, please specify: Has the case been through an ADR procedure? QYes Q No If yes, who was the mediator? V What type of ADR procedure? Atwhat stage did the case gothrough ADR? • Pre-Trial • Post-Trial • Other Ifother, please specify: fQ CsyJ ^ Type ofcase? £ ,v ..* ( Give a brief description ofthe issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to theright toraise additional issues orrequest additional relief):
How was the case disposed of? Summary ofrelief granted, including amount ofmoney judgment, and ifany, damages awarded. If moneyjudgment, what was the amount? Actual damages: Punitive (or similar) damages:
Page 4 of 7 Attorney's fees (trial): Attorney's fees (appellate): Other:
If other, please specify:
Will you challenge thisCourt's jurisdiction? •Yes • No l{ Y\ Does judgment have language thatoneor more parties "take nothing"? • Yes 0^° Doesjudgment have a Mother Hubbard clause? • Yes 0"No Other basis for finality? Rate the complexity ofthe case (use 1 for least and 5 for most complex): [3*1 • 2 \~[ 3 • 4 • 5 Please make my answer to the preceding questions known to other parties inthis case. pfYes l~l No Canthe parties agreeon an appellate mediator? • 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:
XIII. Related Matters
Listany pending or pastrelated appeals before thisor any other Texas appellate court by court, docket number, and style.
Docket Number: Trial Court:
Style:
Vs.
Page 5 of 7 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 StateBar of Texas AppellateSectionPro Bono Committee and localBar Associations, are conducting a programto place a limitednumber of civil appeals with appellate counselwho will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selectingthe civil cases for inclusion in the Program based upon a number of discretionary criteria, includingthe financial means of the appellant or appellee. If a case is selectedby the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. Moreinformation regarding this program can be found in the Pro Bono Program Pamphletavailablein paper form at the Clerk's Officeor on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letterfrom the Pro BonoCommittee within thirty (30) to forty-five(45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submityour case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your caseand that pro bono counsel can be found to represent you. Accordingly, you should not forego seekingothercounsel to represent you in this proceeding. By signingyour name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information aboutyour case, including parties and background, throughselectedInternet sites and Listservto its pool of volunteer appellate attorneys. Doyou want this case tobe considered for inclusion inthe 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? LJ 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 U.S. Department ofHealth andHuman Services Federal Poverty Guidelines? • Yes • 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? • Yes [J No If yes, please attach an Affidavit of Indigency completed and executed by the appellantor appellee. Sampleforms 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 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 rightto raise additional issues or request additional relief; use a separate attachment, if necessary).
XV. Signature
Signature ofcounsel (or pro se party) CL^x-h Date: \uUjL^(yilu^t' Mi <& /£~
Printed Name: State Bar No.:
Electronic Signature: (Optional)
Page 6 of 7 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
Signature of counsel (or pro se party) Electronic Signature: (Optional)
State Bar No.: 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:
Manner Served:
Last Name:
Suffix:
Law Firm Name:
City: State Texas Zip+4: Email:
If Attorney, Representing Party's Name:
Page 7 of 7