Agere Tadesse v. Riaz Akhtarkhavari ( 2015 )

Appellate Docket Number. CJ5 " \ 5"OiO M0-CV Appellate Case Style: ftc^ 1cw-\t^ FiEDN Vs. PH COURT OF APPEALS E-ievZ. ^Vw|%csA/t" Companion Case No.: "His srp ?5 PM l: 06 LISA MAS/. '.,-.cru\ Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) 0rerson O Organization (choose one) r~l Lead Attorney First Name: First Name: //"" Middle Name: Middle Name: /7/7 Address 2: City: Ar\M9\CK State: Texas Zip+4: !G?Ol3 Telephone: ext. Fax: Email: SBN: Page! of7 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Date order or judgment signed: FW$jtyrJ16 ' 2. "P /J? Interlocutory appeal of appealable order: • Yes 0No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated appeal (See TRAP 28): • Yes 0No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): rjYes 0No Permissive? (See TRAP 28.3): DYes EfNo If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): • Yes ET^0 If yes, pleasespecify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: LJ Yes \7\ No If yes, pleasespecify statutory or other basis for such status: Does this case involve an amountunder $100,000? • Yes 0No Judgment or order disposes of all parties and issues: 0 Yes rjNo Appeal from final judgment: • Yes • No Does the appeal involve the constitutionality or the validity ofa statute, rule, orordinance? fj Yes fjNo VI. Actions Extending Time To Perfect Appeal Motion for New Trial: • Yes [5N0 If yes, date filed Motion to Modify Judgment: rjYes Q'No Ifyes, date filed Request for Findings of Fact • Yes l4No If yes, date filed and Conclusions of Law: / •Yes 0No If yes, date filed Motion to Reinstate: • • Yes MNo If yes, date filed Motion under TRCP 306a: Other: QYes 0No If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: DYes [7] No Ifyes, date filed: Contest filed in trial court: DYes 0No If yes, date filed: Date ruling on contest due: Ruling on contest: •Sustained • Overruled Date ofruling: Page 2 of 7 VHI. Bankruptcy Has any party to thecourt's judgment filed for protection in bankruptcy which might affect this appeal? • Yes 0No "If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court And Record Court: Clerk's Record: County: Trial Court Clerk: •District [2f County Trial Court Docket Number (Cause No.): Was clerk's record requested? Qres • No Ifyes, date requested: £&/&T 11 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Were payment arrangements made with clerk? Middle Name: •Yes QNo • Indigent Last Name: (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: Address 2 : City: State: Texas Zip + 4: Telephone: ext. Fax: Email: Reporter's or Recorder's Record: Is there a reporter's record? 0 Yes • No Was reporter's record requested? 0Yes • No Was there a reporter's record electronically recorded? 0 Yes • No If yes, date requested: If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? QVes • No • Indigent Page 3 of 7 • Court Reporter • Court Recorder • 'Official • Substitute First Name: Middle Name: Last Name: Suffix: Address 1: Address 2: City: State: Texas Zip + 4: Telephone: ext. Fax: Email: X. Supersedeas Bond Supersedeas bond filed: • Yes __f No Ifyes, date filed: Will file: • Yes [_No XI. Extraordinary Relief 7 Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? •'Yes • No If yes, briefly statethe basis for your request: XII. Alternative Dispute Resolution/Mediation (Complete section iffiling in the 1st, 2nd, 4th, Sth, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? q Yes ^iio If no, please specify: > Has the case been through an ADR procedure? QYes 0 No If yes, whowas the mediator? Whattype of ADR procedure? At what stage did the case go through ADR? • Pre-Trial • Post-Trial • Other If other, please specify: Type of case? Give abrief description of the issue to be raised on appeal, the relief sought and the applicable standard for review .fknown, (wuhout prejudiceto the right to """"f%" ^ ^Z ,«*_**'* ** ™*fc Hom, was the case disposed of? g2 ^ y",^ fakW* (L vM* h© w*-**P°* ^is«w»)Sl**S»#i* Attorney's fees (trial): Attorney's fees (appellate): .Other: If other, please specify: Will you challenge this Court's jurisdiction? rL_ Ves Jfy.No Does judgment have language that one or more parties "take nothing"? • Yes • No Does judgment have a Mother Hubbard clause? DYes • No Other basis for finality? * Rate the complexity ofthe case (use 1for least and 5for most complex): •! • 2 • 3 • 4 [__ 5 Please make my answer to the preceding questions known to other parties in this case. 0Yes • No Can the parties agree on an appellate mediator? • Yes [_fNo If yes, please give name, address, telephone, fax and email address: Narne Address Telephone Fax Email Languages other than English in which the mediator should beproficient: 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 5 of 7 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) Th'e 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 BonoCommittee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including thefinancial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, thatcounsel will take over representation ofthe appellant or appellee without charging legal fees. More information regarding this program can be found inthe Pro Bono Program Pamphlet available in paper form at the Clerk's Office oron the Internet at www.tex-app.org. Ifyour case isselected 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 ifyou 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 totransmit publicly available facts and information about yourcase, 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 ofrecord in this matter to answer questions the committee may have regarding the appeal? • Yes _ No Please note that any such conversations would bemaintained 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. Ifyou have not previously filed an affidavit ofIndigency and attached a file-stamped copy ofthat affidavit, does your income exceed 200% of the U.S. Department ofHealth 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 athttp://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? • Yes • No Ifyes, please attach an Affidavit ofIndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office oron the internet at http://www.tex-app.orR. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances. Give abrief description ofthe issues to be raised on appeal, the relief sought, and the applicable standard ofreview, ifknown (without prejudice to the right to raise additional issues or request additional relief; use aseparate attachment, ifnecessary). XV. Signature el (or Signature of counsel (or prose pro se party) Date: J " / -^ Print'edNa^ie: State Bar No.: Electronic Signature: (Optional) Page 6 of 7 r\. Certificate ofService "sTeen served on the following I -^—I"rtifies that this docketing ,urt's order or judgment as follows on Electronic Signature: ig^aWof counsel (or pro se party) (Optional) State Bar No.: who made the service and must 'erson Served • ents (TRAP ertificate ofService Requ.rements (TRAP 95(e)): 9.>( Acertificate ofservice must be signed by the^person state: m the date and manner ofservice; ot service, y/ "^ ^ir g the name andserved "T^S^Lis aparty's attorney, the i of^ party repreSented by that attorney (3) if the person the following for each person served: Please enter |Date Served: y^i^y '^J Manner Served: jp*f /tUfa IFirstName: ti@&J&lrf Middle "Name: ^fa/fij^ 1Last Name: ISuffix: , Law Firm Name: Address 1: jt,/? ur/W/c ft"/ ^ Address 2: S.a,= » ^ Z'^4; 7^/^ ext. Telephone: Fax: Email: If Attorney, Representing!^*^ ££ Page 7of 7 ^_„Ja_j^__—)5^Btfa«:yAJbtie^