Scott M. Clearman and the Clearman Law Firm, PLLC v. ClearmanPrebeg, LLP ( 2015 )

ACCEPTED 01-15-00968-CV FIRST COURT OF APPEALS Appellate Docket Number: 01-15-00968-CV HOUSTON, TEXAS 11/30/2015 7:53:53 AM CHRISTOPHER PRINE Appellate Case Style: Scott M. Clearman and The Clearman Law Firm, PLLC CLERK Vs. ClearmanPrebeg, LLP Companion Case No.: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 7:53:53 AM Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk Appellate Court:1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney First Name: First Name: Scott Middle Name: Middle Name: Monroe Last Name: Last Name: Clearman Suffix: Suffix: Law Firm Name: Pro Se: Address 1: Address 1: The Clearman Law Firm, PLLC Address 2: Address 2: 2929 Westheimer R., Suite 301 City: City: Houston State: Texas Zip+4: State: Texas Zip+4 77098 Telephone: ext. Telephone: 713.304.9669 ext. Fax: Fax: 877.519.2800 Email: Email: scott@clearmanlaw.com SBN: I. Appellant II. Appellant Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: The Clearman Law Firm, PLLC First Name: Barbara First Name: Middle Name: L Middle Name: Last Name: Stroud Last Name: Suffix: Suffix: Law Firm Name: Barbara L. Stroud, PLLC Pro Se: Address 1: 14101 Highway 290 West Address 2: Building 100, Suite 208 Page 1 of 8 City: Austin State: Texas Zip+4: 78737 Telephone: 512.391.1983 ext. Fax: 512.428.8113 Email: barbara@stroudmediation.com SBN: 19422700 III. Appellee IV. Appellee Attorney(s) Person Organization (choose one) Lead Attorney Organization Name: ClearmanPrebeg, LLP First Name: Laura First Name: Middle Name: Middle Name: Last Name: Gibson Last Name: Suffix: Suffix: Law Firm Name: Ogden, Gibson, Broocks, Longoria & Hall, LLP Pro Se: Address 1: 711 Louisiana, Suite 1900 Address 2: City: Houston State: Texas Zip+4: 77002 Telephone: 713.844.3003 ext. Fax: 713.844.3030 Email: lgibson@ogblh.com SBN: 07869350 Page 2 of 8 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Injunction Date order or judgment signed: November 6, 2015 Type of judgment: Interlocutory Order Date notice of appeal filed in trial court: November 10, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Tex. R. App. P. 28.01(a) & (b); Teex. Civ. Prac. & Rem. Code Sec. 51.104(4) ("grants ... a temporary injunction"). Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: Tex. R. App. P. 28.01(a) & (b). Parental Termination or Child Protection? (See TRAP 28.4): Yes ■ No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: Yes No If yes, please specify statutory or other basis for such status: Other basis: Alleged violation of Clearman's federal and state constitutional rights. Does this case involve an amount under $100,000? Yes No Judgment or order disposes of all parties and issues: Yes No Appeal from final judgment: Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No 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 No If yes, date filed: and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Other: Yes No If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: Yes No If yes, date filed: Contest filed in trial court: Yes No If yes, date filed: Date ruling on contest due: Ruling on contest: Sustained Overruled Date of ruling: Page 3 of 8 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court And Record Court: 152 Judicial District Court Clerk's Record: County: Harris Trial Court Clerk: District County Trial Court Docket Number (Cause No.): 2014-69512-7 Was clerk's record requested? Yes No If yes, date requested: 11/23/15, 11/28/15 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Robert Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Schaffer (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: Harris County Civil Courthouse Address 2 : 201 Caroline, 11th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: 713.368.6040 ext. Fax: 713.368.6801 Email: Salene.Smith@hcdistrictclerk.com Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was there a reporter's record electronically recorded? Yes No If yes, date requested: 11/23&28/15 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? Yes No Indigent Page 4 of 8 Court Reporter Court Recorder Official Substitute First Name: Cynthia Middle Name: Last Name: Montalvo Suffix: Address 1: Harris County Civil Courthouse Address 2: 201 Caroline, 11th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: 713.368.6037 ext. Fax: 713.368.6801 Email: CynthiaM@justex.net X. Supersedeas Bond Supersedeas bond filed: Yes No If yes, date filed: Will file: Yes No XI. Extraordinary Relief Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request: To remove provisions of the order that violate Clearman's federal and state constitutiona rights. 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 No If no, please specify:No hope. But, all prior mediations did not involve Clearman because he was hospitalized. Has the case been through an ADR procedure? Yes No If yes, who was the mediator? Daryl Bristow What type of ADR procedure? Mediation At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of case? Injunction 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): Interpretation of a partnership agreement; violations of constitutional rights. SOR, Abuse of discretion (generally). How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. TI, restraining Clearman. If money judgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00 Page 5 of 8 Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: If other, please specify: Will you challenge this Court's jurisdiction? Yes No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality? None - Temporary Injunction only. Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 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 Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: 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: Trial Court: Style: Vs. Page 6 of 8 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 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? 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? 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 of Health and Human 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 No If yes, please attach 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). See "Attachment A." XV. Signature Signature of counsel (or pro se party) Date: 11/23&28/15 Printed Name: Scott M. Clearman State Bar No.: 04350090 Electronic Signature: Scott M. Clearman (Optional) Page 7 of 8 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 11/23&29/15 . Signature of counsel (or pro se party) Electronic Signature: Scott M. Clearman (Optional) State Bar No.: 04350090 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: 11/23&29/15 Manner Served: eServed First Name: Laura Middle Name: Last Name: Gibson Suffix: Law Firm Name: Ogden, Gibson, Broocks, Longoria & Hall LLP Address 1: 711 Louisianan, Suite 1900 Address 2: City: Houston State Texas Zip+4: 77002 Telephone: 713.844.3003 ext. Fax: 713.844.3030 Email: lgibson@ogblh.com If Attorney, Representing Party's Name: ClearmanPrebeg LLP Page 8 of 8