Asset, Consulting Experts, LLC, and Michael C. Evans v. Jonathan Sistrunk ( 2015 )

ACCEPTED 06-15-00048-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/12/2015 4:15:56 PM 10-15-00255-CV Appellate Docket Number: ___________________________________________ DEBBIE AUTREY Asset, Consulting Experts, LLC and Michael C. Evans v. Jonathan Sistrunk Appellate Case Style: ________________________________________________ CLERK DOCKETING STATEMENT (CIVIL) FILED IN 6th COURT OF APPEALS Tenth Court of Appeals TEXARKANA, TEXAS McLennan County Courthouse 8/12/2015 4:15:56 PM 501 Washington Ave., Rm 415 DEBBIE AUTREY Waco, Texas 76701-1373 Clerk (254) 757-5200 [to be filed in the court of appeals upon perfection of appeal under TRAP 32] I. Parties (TRAP 32.1(a), (e)): Appellant(s): Appellee(s): Asset, Consulting Experts, LLC Jonathan Sistrunk Michael C. Evans (See note at bottom of page) (See note at bottom of page) Attorney (lead appellate counsel): Attorney (lead appellate counsel, if known; if not, then trial counsel): Richard D. Weaver Jonathan Fugate Address (lead counsel): Address (lead appellate counsel, if known; if not, then trial counsel): 1800 Bering Drive, Suite 305 P.O. Box 400 Houston, Texas 77057 Lorena, Texas 76655 Telephone Number: Telephone Number: (include area code) (713) 572-4900 (include area code) (254) 756-2424 Fax Number: Fax Number: (include area code) (713) 626-9708 (include area code) (254) 756-2663 Email: rweaver@weaverlawyers.com Email: jfugate@fugatelaw.com SBN (lead counsel): 24047083 SBN (lead counsel): 00788939 If not represented by counsel, provide appellant’s/appellee’s address, telephone number, and fax number. On Attachment 1, or a separate attachment if needed, list the same information stated above for any additional parties to the trial court’s judgment. -1- II. Perfection Of Appeal And Jurisdiction (TRAP 32.1(b), (c), (g), (j)): Date order or judgment signed: Date notice of appeal filed in trial court: May 8, 2015 July 20, 2015 (Attach a copy showing signature, if possible) (Attach file-stamped copy; if mailed to the trial court clerk, also give the date of mailing) What type of judgment? (e.g., jury trial, bench trial, Interlocutory appeal of appealable order: summary judgment, directed verdict, other (specify)) Yes □ No □X (Please specify statutory or other basis on which Default Judgment interlocutory order is appealable) (See TRAP 28) If money judgment, what was the amount? Actual damages: Accelerated appeal (See TRAP 28): $14,000.00 Yes □ No □ X Punitive (or similar) damages: $40,000.00 (Please specify statutory or other basis on which appeal is accelerated) Attorneys’ fees (trial): $19,000.00 Attorneys’ fees (appellate): $0.00 Appeal that receives precedence, preference, or priority under statute or rule? Other (specify): Yes □ No □ X Post-judgment interest 10% per annum (Please specify statutory or other basis for such status) -2- Appeal from final judgment? Yes □ X No □ Will you challenge this Court’s jurisdiction? If yes, explain. Does judgment dispose of all parties and issues: Yes □ X No □ Does judgment have a Mother Hubbard clause? (E.g.: “All relief not expressly granted is denied”): Yes □ X No □ Does judgment have language that one or more parties “take nothing”? Yes □ No □ X Other basis for finality? III. Actions Extending Time To Perfect Appeal (TRAP 32.1(d)): Filed Action Check as appropriate Date Filed Motion for New Trial No X □ Yes □ Motion to Modify Judgment No □X Yes □ Request for Findings of Fact and Conclusions of Law No □X Yes □ Motion to Reinstate No □X Yes □ Motion under TRCP 306a No □X Yes □ Other (specify): No □X Yes □ IV. Indigency Of Party (TRAP 32.1(k)): (Attach file-stamped copy of affidavit) Filed Event Check as appropriate Date N/A Affidavit filed No X □ Yes □ Contest filed No □ X Yes □ Date ruling on contest due: Ruling on contest: Sustained  Overruled  V. Bankruptcy (TRAP 8): Will the appeal be stayed by bankruptcy? No Date bankruptcy filed? Name of bankruptcy court: Bankruptcy Case No.: Style of bankruptcy case: -3- VI. Trial Court And Record (TRAP 32.1(c), (h), (i)): Court: County: Trial Court Docket Number (Cause No.): 170th Judicial District Court McLennan County, Texas 2015-321-4 Trial Judge (who tried or disposed of case): District/County Clerk: Judge Jim Meyer Jon Gimble Telephone Number: (254) 757-5045 Telephone Number: (254) 757-5057 (include area code) (include area code) Fax Number: (254) 757-5129 Fax Number: (include area code) (include area code) Address: 501 Washington Ave., Suite 211 Address: 501 Washington Ave. Waco, Texas 76701 Waco, Texas 76701 Clerk’s Record Sworn copy for accelerated appeal Will request □ Clerk’s fee has been paid or satisfactory arrangements Yes □ X (Note: No request have been made: Yes □ required under TRAP 34.5(a), (b)) Yes □X No □ (See TRAP 28.3) Was requested on: If no, explain: July 21, 2015 All court reporters/records who recorded any portion of the record must be listed: Court Reporter/ Recorder: Court Reporter/Recorder: Suzanne Hanus Telephone Number: (254) 757-5045 Telephone Number: (include area code) (include area code) Fax Number: Fax Number: (include area code) (include area code) Address: 501 Washington Ave., Room 211 Address: Waco, Texas 76701 (Attach additional sheet if necessary for additional court reporters/recorders) Length of trial (approximate): Reporter’s fee has been paid or satisfactory arrangements have been made: 3 minutes Yes □ X No □ If no, explain: Reporter’s or Recorder’s Record (check if electronic recording None □ Will request □ Was requested on: □X ) -4- VII. Nature Of The Case (TRAP 32.1(f)) (Subject matter or type of case: E.g., personal injury, breach of contract, workers’ compensation, or temporary injunction) (see list below): Violation of Tex. Fin. Code Permanent Injunction Administrative/agency _____ Malpractice Legal _____ Medical _____ Other _____ Banking _____ Business _____ Motor Vehicle _____ Condemnation _____ Municipal _____ X Consumer/DTPA _____ Oil & Gas _____ Construction _____ Personal Injury _____ Contract _____ Premises Liability _____ Employment/Labor _____ Probate _____ Family _____ Products Liability _____ Custody _____ Real Property _____ Property Division _____ Securities _____ Termination _____ Tax _____ Other _____ U.C.C./Tex. Bus. & Com. Code _____ Fraud _____ Venue _____ Insurance _____ Workers’ compensation _____ Juvenile _____ Other (specify): _____ Landlord/Tenant _____ VIII. Supersedeas Bond (TRAP 32.1(1)): None □X Will file □ Was filed on: IX. Extraordinary Relief: Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes □X No □ If yes, briefly state the basis for your request. Stay of Garnishment Action in Cause No. 2015-2111-4 -5- X. Alternative Dispute Resolution/Mediation (if applicable) (The Tenth Court of Appeals participates in the ADR process on cases determined to be appropriate for mediation. To assist the Court in making that determination, the Court request the parties provide the following information)). (Use additional sheets, if necessary) 1. Should this appeal be referred to mediation? If not, why not. Mediation may be beneficial. Counsel has no reason to object to mediation. 2. Has the case been through an ADR procedure in the trial court? No If yes, answer the following: a. Who was the mediator? b. What type of ADR procedure? c. At what stage did the case go through ADR? (Specify pre-trial, trial, post-trial, other) d. Rate the case for complexity. Use 1 for the least complex and 5 for the most complex. Circle one. 1 2 3 4 5 e. Can the parties agree on an appellate mediator? If yes, give name, address, and telephone and fax numbers (with area codes). f. Languages other than English in which the mediator should be proficient: 3. 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). 1. Failure to serve process in compliance with Long-Arm Statute. 2. Actual damages not supported by record. 3. Exemplary damages not supported by record. 4. Exemplary damages not supported by joint and several. 5. Attorney's fees not supported by record. 6. Post-judgment interest not supported by records or not at 10%. -6- XI. Related Matters: List any pending or past related appeals or original proceedings (e.g., mandamus, injunction, habeas corpus) before this or any other Texas appellate court by court, docket number, and style. None. XII. Other Information: Please give any other information helpful to process this appeal (see attachments, if any). XIII. Signature: /s/ Richard D. Weaver __________________________________________________ August 12, 2015 Date: _________________________ Signature of counsel (or pro se party) 24047083 State Bar No.:___________________ Richard D. Weaver Printed Name: _____________________________________ XIV. Certificate of Service: The undersigned counsel certifies that this docketing statement has been served on the following lead counsel August 12 20____. for all parties to the trial court’s order or judgment as follows on ______________________, 15 VIA FACSIMILE (254) 756-2663 John Fugate P.O. Box 400 Lorena, Texas 76655 /s/ Richard D. Weaver ________________________________________ Signature (TRAP 9.5(e) requirements stated below; use additional sheets, if necessary) Note: 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. -7-