Choice! Power, L.P. v. Michael Feeley ( 2015 )

ACCEPTED 01-15-00821-CV FIRST COURT OF APPEALS HOUSTON, TEXAS Appellate Docket Number: 01-15-0081I-CV 9/30/2015 11:39:17 AM CHRISTOPHER PRINE Appellate Case Style: CHOICE!PO$/ER, LP CLERK VS' MICHAEL FEELEY Companion Case No FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/30/2015 11:39:17 AM CHRISTOPHER A. PRINE Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: l4th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Àppellant f] Person fl Organization (choose one) Organization Name: Choice! Power, LP First Name: Middle Name: Last Name: Suffix: Pro Se: C III. Appellee I Person f,Organization (choose one) First Name: Michael Middle Name: Last Name: Feeley Suffrx: Law Firm Name: Pro Se: O Address 1: Page 1 of 7 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Contract Date order or judgment signed: July 1,2015 Type ofjudgment: Bench Trial Date notice of appeal filed in trial court: September 28,2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: I Ves X No If yes, please specifr statutory or other basis on which interlocutory order is appealable (See TRAP 28) Accelerated appeal (See TRAP 28): I Yes X No Ifyes, please speci$ statutory or other basis on which appeal is accelerated Parental Termination or Child Protection? (See TRAP 28.4): !Yes Permissive? (See TRAP 28.3): f, ves X No Ifyes, please specifu statutory or other basis for such status: Agreed? (See TRAP 28.2): I Yes X No Ifyes, please speciSr statutory or other basis for such status Appeal should receive precedence, preference, or priority under statutc or rule: ! Yes X No Ifyes, please speci$ statutory or other basis for such status: Does this case involve an amount under $100,000?[ Ves fiNo Judgment or order disposes of all parties and issues: f Yes INo Appeal from final judgment: fi Ves ! No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? I Yes [No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: ffiYes nNo If yes, date filed: July 17,2Ol5 Motion to ModiSr Judgment: !Yes XNo Ifyes, date hled: Request for Findings of Fact ffi Yes nNo If yes, date filed: June 9,2015 and Conclusions of Law: Motion to Reinstate: !Yes XNo Ifyes, date filed: Motion under TRCP 306a: ! Yes XNo Ifyes, date f,rled: Other: f Yes XNo If other, please specifli: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion Íf filed.) Affidavit hled in trial court: lYes X No Ifyes, date filed: Contest filed in trial court: [Yes n No If yes, date filed: Date ruling on contest due: Ruling on contest: ! Sustained ! Ovemrled Date of ruling: Page 2 of 7 Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? lYes X No If yes, please attach a copy of the petition, Date bankruptcy flrled: Bankruptcy Case Number: Court: Clerk's Record: County: Clerk: Trial Court I District ! County Trial Court Docket Number (Cause No.): Was clerk's record requested? ffi Ves n No Ifyes, date requested: Trial Judge (who tried or disposed ofcase) If no, date it will be requested: First Name: Were payment arrangements made with clerk? Middle Name: [Yes lNo llndigent Last Name: (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address l: Address 2 : City: State: Zip+ 4 Telephone: ext. Fax: Email Reporter's or Recorder's Record: Is there a reporter's record? ffi Ves Ü No Was reporter's record requested? ffiYes n No Was there a reporter's record electronically recorded? ffi Yes Ü No Ifyes, date requested: If no, date it will be requested: 'Were payment arrangements made with the court reporter/court recorder? ffiVes n No ilIndigent Page 3 of 7 I Court Reporter ! CourtRecorder fl ornciat E substitute First Name: Middle Name Last Name: Suffix: Address 1: Address 2: Crty: State: Zip + 4: Telephone: ext. Fax Email: Supersedeas bond filed:ffiYes X No If yes, date filed: Will file: I Yes n ¡lo V/ill you request extraordinary relief (e,g. temporary or ancillary relieQ from this Court? [ Yes X No Ifyes, briefly state the basis for your request: Should this appeal be referred to mediationt yes E I No If no, please specifr: Has the case been through an ADR procedure? lYes X No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? flPre-Trial I Post-Trial I Ottrer If other, please speciff: Type ofcase? 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 ofl Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages Punitive (or similar) damages: Page 4 of7 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specifr: Will you challenge this Court's jurisdiction? | Yes X No Does judgment have language that one or more parties "take nothing"? ! Yes X No Does judgment have a Mother Hubbard clause? [Ves E No Other basis for furality? Ratethecomplexityofthecase(uselforleastand5formostcomplex): E2 X3 n4 ¡5 It Please make my answer to the preceding questions known to other parties in this case. f] Ves X No Can the parties agree on an appellate mediator? | Ves X No If yes, please give name, address, telephone, fax and email address: Name Address Fax Email Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: 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. Page 5 of 7 XIV. Pro Bono Program: (Complete section if filÍng in the lst,3rd,5th, or l4th 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 ffom 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 Intemet 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? ! Yes X 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? ! Yes X 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 hle-stamped copy of that afhdavit, does your income exceed 200%o of the U.S. Department of Health and Human Services Federal Poverty Guidelines? [ Yes n 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 financial circumstances to the Pro Bono Committee? ! Ves X No If yes, please altach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms 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 right to raise additional issues or request additional relief, use a separate attachment, if necessary). XV. Signature ofcounsel (or pro se party) Date: September 30,2015 Printed Name: Jonathan M. Hyman State Bar No.: 24032455 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 September 30, 2015 ofcounsel ( pro se party) Electronic Signature: (Optional) State Bar No .: 24032455 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: (l) the date and manner of service; (2) the name and address ofeach person served, and (3) if the person served is a party's attorney, the name of the party represented by that attomey Please enter the following for each person served: Date Served: September 30,2015 Manner Served: Email First Name: Joseph Middle Name: Last Name: Ahmad Suffix: Law Firm Name:Ahmad Zavitsanos Anaipakos Alavi & Mensing Address l: l22l McKinney Address 2: Suite 3460 City: Houston State Texas Zip+4: 77010 Telephone: 713-955-ll0l ext. Fax: Email: ioeal'mad@azalaw.com If Attorney, Representing Party's Name: Michael Feeley PageT of7