Wilmer Forrest Trimble, Jr., A/K/A Wilmer Forrest Tremble, Jr., Sharon Trimble Donaldson, Selia Trimble Shawkey, and Billie J. Murphy Tremble v. Luminant Mining Company LLC

• Court: Court of Appeals of Texas
• Decided: February 4, 2015
• Docket: 06-15-00004-CV
• Status: Published

Opinion

\

Appellate Docket Number: AmliiMmkdM' Appellate Case Style:

Vs.

Companion Case No.: j Sixth District RECEIVED IN -It FFP (1 t jQiE Sixth District

, FEB 0 * 2215 Amended/corrected statement: DOCKETING STATEMENT (Civil) bSS^IL Texarkana, T?v;: APPcllatc Court:BHBHHHBHHBHi L?£Or£l AliirGy'j V-'.-^ffibc filed in tlic court ofappeals upon perfection ofappeal under TRAP 32)

k^GCriTfrrifi 0Q> ^co^^^S^Q^) Person [[[] Organization (choose one) | | Lead Attorney First Name:

First Name: Middle Name:

Last Name: Middle Name: BwiSSfflliSwBi^KsSll Last Name: Suffix:

Law Firm Name: Sufflx: him ProSe: # Address

Address 2:

City: . J State: j|c"a'sr Telephone:

CET*llBlll!S-%J

VfrX? M^pEl^^m^} j 1 Person ^Organization (choose one) Lead Attorney irstName: lK>§JEir£\f First Name: Middle Name: \&i Middle Name Last Name:

Last Name:

Suffix: Law Firm Name: fel^^^^^^!:! ProSe: Q Address 2:

City; HG?8k*MMi

Telephone: §1^I3^^^^B ext.

SBN:

Page 1 of 7 Nature ofCase (Subject matter or type ofcase): |!88j^l5^ ofc an

Accelerated appeal (See TRAP 28): • Yes B No 'f yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection?(See TRAP 28.4): QYes jg|No

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

Agreed? (See TRAP 28.2): D Yes HI No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: LJ Yes SB No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? • Yes HNo Judgment or order disposes of all parties and issues: • Yes fflNo Appeal from Final judgment: [gj Yes • No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? B Yes [~]No

yj yA^tionslLxTenii inEfeTim eVToiPerfecWA ppca1

Motion for New Trial: • Yes B No If yes, date filed:

Motion to Modify Judgment: •Yes ffiNo If yes, date filed: Request for Findings of Fact • Yes Hi No If yes, date filed: and Conclusions of Law: •Yes iNo If yes, date filed: Motion to Reinstate:

Motion under TRCP 306a: ffi Yes • No Ifyes, date filed: SS^KSmSIS 11 i iii»i»i arm •*• * * r'.'. jiii*

Other: • Yes • No Ifother, please specify: r.^-v'-^-4;;'C^'^f^^»y^-s^^| MIMKlnuipencY;Of Party: (AttacfcrilerStainpedicopv^ofinnidavjtffanuim

Affidavit filed in trial court: • Yes gl No Ifyes, date filed: Wm Contest filed in trial court: B8Yes • No

Date ruling on contest due: '_' '-!>•;-V ; -^ •' v*S"--;>;'•

Ruling on contest: • Sustained • Ovenuled

Page 2 of 7 Has any party to the court's judgment filed for protection in bankruptcy which might affect thisappeal? 8 Yes • No If yes, please attach a copy of the petition.

Date bankruptcy filed: j^^^ljJj^jll^Ojita Bankruptcy Case Number: BS^MMloSffl

ffiffififl/SlfiTm^ ".'\': /KVJJt*-AV.i'',•' -.•!•. Court: Clerk's Record:

County: Ig^^^^P^S Trial Court Clerk: Q District • County Trial Court Docket Number (Cause No.): ^S?5E^S1^^^ Was clerk's record requested? • Yes B No 3<=H j ^,013-395) If yes, date requested: Trial Judge (who tried or disposed of case): If no, date it will be requested: jHjjf^f^ First Name: '(^Sfjll Were payment arrangements made with clerk? Middle Name: g|^^| • Yes B(No Qlndigent Last Name: [©gggglgH (Note: No request required under TRAP 34.5(a),(b))

Address 1: i«IKffiuSS^l Address 2 :

Telephone: ffiWMSffii&M exL

Email: WME^M

Reporter's or Recorder's Record:

Is therea reporter's record? DYes Q] No Was reporter's record requested? • Yes Q No

Was there a reporter's record electronically recorded? QYes BJ No Ifyes, date requested: f<£^-VV'^j-,^^-^Vy^^^J Ifno, date it will be requested: j^ '-:;j"r.'^-y •^t-'^'V^fe^SSij Were payment arrangements made with the court reporter/court recorder? i—iyes Bj n0 I—llndieent

Page 3 of 7 [ I Court Reporter [ | Court Recorder • Official • Substitute

'Qt^^^Ol^O^H^11 Supersedeas bond filed:Q Yes Q| No If yes, date filed:

Will file: QYes QNo

^j^AiijiintitiftynwThff r Will you request extraordinaryrelief (e.g. temporary or ancillary relief) from this Court? |B Yes • No Ifyes, briefly state the basis for your request: W<3R^ffili^

ppeal)!

Should this appeal be referred to mediation? •_ v .—, ..

If no, please specify:) Has the case been through an ADR procedure? QYes J9 No If yes, who was the mediator? B2EHKHS^H(9fifliBNHKS&S What type of ADR procedure? At what stage did the case go through ADR? • Pre-Trial • Post-Trial • Other If other, please specify:

Type of case? !\S\Viu|S\KXW.S,Ul^ Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without

Gt»uaVi4- are- darttcLaes ; fe,v«w"S£* ojr\<± ffa**&*^' How wds the case disposedw {fVS^S^i^r^^fS^H^'^^Wqrvi £*+, Dotal De-cjZ^nW^r i6j2dl4. Summary ofrelief granted, including amount ofmoney judgment, and ifany, damages awarded. £,',V^>" '^^"'l^Y^V''?^^''*"^"^•^*^ll? Ifmoney judgment, what was the amount? Actual damages: r^^^^^ Punitive (orsimilar) damages: ^^pZ.'" .'• .-^-'rX'-^Tj Page 4 of 7 Attorney's fees (trial): j^;^%^^'"~t!^-T^r":' Attorney's fees (appellate) C^^^gTfeJ Other:

Ifother, please specify:]

Will you challenge this Court's jurisdiction? gjYes • No RusW CouvA^ Ok^Cc-V C.O\*rV Doesjudgment have language that one or more parties "takenothing"? • Yes Q No Doesjudgment have a Mother Hubbard clause? E|Yes • No Other basis for finality? mmSS^^^M^^^^^^^^SBBMmmgBHBHKaSaBi Rate the complexity of the case (use I for least and 5 for most complex): • 1 • 2 • 3 • 4 ffl 5 Please make my answer to the preceding questions known to other parties in this case. § Yes • No Can the parties agree on an appellate mediator? £§ Yes • No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email ^^aSSSSS

Languages other than English in which the mediator should be proficient: Name ofperson filing out mediation section ofdocketing statement: [^

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

Docket Number: BMH^ffl^BI^^^^^^^^^3 Trial Court:

Style: HHH^K-;?*^Nf'> 'V" _ • ' ^lj

Page 5 of 7 TheCourts 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 theappellant 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 theappellant or appellee. Ifa case is selected by theCommittee, 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 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 submit your case for possible inclusion in thePro Bono Program, thePro Bono Committee will select yourcase and thatpro bono counsel can be found to represent you. Accordingly, you should notforego seeking other counsel to represent you in this proceeding. By signing your name below, you areauthorizing 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. Doyouwant this caseto be considered for inclusion in thePro Bono Program? • Yes Q No

Doyou authorize theProBono Committee to contact your trial counsel of record in this matter toanswer questions thecommittee may have regarding the appeal? • Yes H 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 of Health and Human Services Federal Poverty Guidelines? • Yes Hj No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at hUp://aspe.hhs.Eov/poverty/Q6poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? • Yes BI No Ifyes, please attach an Affidavit of Indigency completed and executed by the appellant orappellee. Sample forms may befound in the Clerk's Office oron the internet athttp://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 beraised on appeal, the relief sought, and theapplicable standard of review, if known (without prejudice tothe right to raise additional issues or request additional relief; use a separate attachment, if necessary).

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Signature of counsel (or pro se part Date:

Printed Name: ^^^P^^fel^lI^Vvi^rdH^:^^^;^ State Bar No, gSSgESIg G«ia Tremble' ShawkeW,

Electronic (Optional)Signature: f^^m^^W^^^^^P^t^m «-«'.** - ...^.^.,...uw-;" .***,

Page 6 of 7 ..

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 besigned 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 theperson sei-ved is a party's attorney, the name of theparty represented by that attorney

Please enter the following for each person served:

First Name: ^^^H^^^S^^M^M^S-twd ,LLP Middle Name:

Suffix:

Law Firm ^^^^BSf^^^^S^^S^ ** «1, LLP Address 1:

Telephone: &)fflfl%gStWb ext. jggg Fax: $$$

IfAttorney, Representing Party's Name: ^^A^^S^^^i^BK

Page 7 of 7