Sai Monahans Brother Hospitality, LLC v. Monahans Economic Development Corporation and City of Monahans, Texas ( 2021 )

ACCEPTED Print or Print to SAVE AS PDF. 08-21-00060-CV EIGHTH COURT OF APPEALS 08-21-00060-CV EL PASO, TEXAS Appellate Docket Number: 08-21-00060-CV 4/26/2021 8:41 AM ELIZABETH G. FLORES Appellate Case Style: Sai Monahans Brother Hospitality, LLC CLERK Vs. Monahans Economic Development Corporation Companion Case(s): Amended/Corrected Statement FILED IN 8th COURT OF APPEALS DOCKETING STATEMENT (Civil) EL PASO, TEXAS Appellate Court: Select 4/26/2021 8:41:35 AM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) ELIZABETH G. FLORES Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided. I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Select Name: Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: II. Appellant Attorney(s) Email: Lead Attorney Retained Attorney Lead Attorney Select Name: Marty Price Name: Bar No. 16302300 Bar No. Firm/Agency: Firm/Agency: Address 1: 2514 Boll Street Address 1: Address 2: Address 2: City/State/Zip: Dallas, Texas 75204 City/State/Zip: Tel. (214) 871-1386 Ext. Fax: Tel. Ext. Fax: Email: martyprice@martyprice.com Email: Lead Attorney Retained Attorney Lead Attorney Select Name: Matthew J. Kita Name: Bar No. 24050883 Bar No. Firm/Agency: Firm/Agency: Address 1: 3110 Webb Avenue, Suite 150 Address 1: Address 2: Address 2: City/State/Zip: Dallas, Texas 75205 City/State/Zip: Tel. (214) 699-1863 Ext. Fax: Tel. Ext. Fax: Email: matt@mattkita.com Email: Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select City of Monahans, Monahans Economic Development Corporation Name: Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email: IV. Appellee Attorney(s) Lead Attorney Retained Attorney Lead Attorney Select Name: Aaron Dorfner Name: Bar No. 24040824 Bar No. Firm/Agency: Cotton, Bledsoe, Tighe & Dawson Firm/Agency: Address 1: P.O. Box 2776 Address 1: Address 2: Address 2: City/State/Zip: Midland, Texas 79702 City/State/Zip: Tel. (437) 684-5782 Ext. Fax: Tel. Ext. Fax: Email: adorfner@cbtd.com Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Real Property Date Order or Judgment signed: 03/29/2021 Type of Judgment: Dismissal Date Notice of Appeal filed in Trial Court: 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): Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: 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: 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 and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify: Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, date filed: Yes No Was there any hearing on appellant’s ability to afford court costs? Hearing Date: Yes No Did trial court sign an order under Texas Rule of Civil Procedure 145? Date of Order: If yes, trial court finding: Challenge Sustained Overruled 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: 441st District Court Clerk’s Record County: Ward County Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No 20-10-25580-CVW If yes, date requested: April 9, 2021 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Rodney W. Satterwhite Were payment arrangements made with clerk? Address 1: 441st District Court ✔ Yes No Indigent Address 2: (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Ward County, Texas Tel. Ext. Fax: Email: Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Breck Record Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, 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: Page 5 of 11 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? 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? Real Property 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): Is Plaintiff's petition subject to dismissal due to sovereign immunity based upon Defendants' plea to the jurisdiction? How was the case disposed of? Dismissal was granted. 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: Attorney’s fees (trial): Attorney’s fees (appellate): 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: Page 6 of 11 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) 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 the name, address, telephone, fax, and email address: Name: N/A Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient: Name of the person filling 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, and Style. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Page 7 of 11 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court 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 http://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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, 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 a Statement of Inability to Pay Court Costs 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 a Statement 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). Page 8 of 11 XV. Signature April 26, 2021 Signature of counsel (or Pro Se Party) Date Matthew J. Kita 24050883 Printed Name State Bar No. /s/ Matthew J. Kita Matthew J. Kita Electronic Signature (Optional) Name 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: /s/ Matthew J. Kita Signature of counsel (or Pro Se Party) Electronic Signature (Optional) 24050883 State Bar No. 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 the attorney. Page 9 of 11 Please enter the following for each person served: Date Served: April 26, 2021 Date Served: Manner Served: eServe Manner Served: Select Name: Aaron Dorfner Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: adorfner@cbtd.com Email: Email: Party: Party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Party: Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Page 10 of 11 Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email: Print or Print to SAVE AS PDF. Page 11 of 11 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Matthew Kita on behalf of Matthew Kita Bar No. 24050883 matt@mattkita.com Envelope ID: 52802127 Status as of 4/26/2021 11:02 AM MST Associated Case Party: Sai Monahans Brother Hospitality, LLC Name BarNumber Email TimestampSubmitted Status Marty D.Price martyprice@martyprice.com 4/26/2021 8:41:35 AM SENT Associated Case Party: Monahans Economic Development Corporation Name BarNumber Email TimestampSubmitted Status Aaron M.Dorfner adorfner@cbtd.com 4/26/2021 8:41:35 AM SENT Associated Case Party: City of Monahans, Texas Name BarNumber Email TimestampSubmitted Status Julian E.Whitney jwhitney@cbtd.com 4/26/2021 8:41:35 AM SENT