ADB Interest, LLC and Ashley Black, Individually v. Karen Wallace, Individually and D/B/A Journeyz Spa & Products ( 2018 )


Menu:
  •                                                                                                                                                ACCEPTED
    01-18-00210-cv
    FIRST COURT OF APPEALS
    Appellate Docket Number: 01-18-00210-CV                                                                                                 HOUSTON, TEXAS
    3/22/2018 3:46 PM
    CHRISTOPHER PRINE
    Appellate Case Style:         ADB Interests, LLC and Ashley Black, Individually                                                                     CLERK
    Vs.
    Karen Wallace, Individually and d/b/a Journeyz Spa & Products
    Companion Case No.: 2017-35441
    FILED IN
    1st COURT OF APPEALS
    HOUSTON, TEXAS
    3/22/2018 3:46:21 PM
    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
    Organization Name: ADB Interests, LLC                                       First Name:        Daniel
    First Name:                                                                 Middle Name: J.
    Middle Name:                                                                Last Name:         Kasprzak
    Last Name:                                                                  Suffix:
    Suffix:                                                                     Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                                                     Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                        Zip+4:   77010
    Telephone:         (713) 652-2525            ext.
    Fax:       (713) 652-5130
    Email:     dkasprzak@jdkglaw.com
    SBN:       11105300
    I. Appellant                                                                II. Appellant Attorney(s)
    Person       Organization (choose one)                                           Lead Attorney
    Organization Name: ADB Interests, LLC                                       First Name:        George
    First Name:                                                                 Middle Name: A.
    Middle Name:                                                                Last Name:         Kurisky
    Last Name:                                                                  Suffix:    Jr.
    Suffix:                                                                     Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                                                     Address 1:         1221 Lamar, Suite 1000
    Address 2:
    Page 1 of 18
    City:              Houston
    State:     Texas                    Zip+4:     77010
    Telephone:         (713) 652-2525           ext.
    Fax:       (713) 652-5130
    Email:     gkurisky@jdkglaw.com
    SBN:       11767700
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    Organization Name: ADB Interests, LLC               First Name:        Mark
    First Name:                                         Middle Name: A.
    Middle Name:                                        Last Name:         Bankston
    Last Name:                                          Suffix:
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                    Zip+4:     77010
    Telephone:         (713) 652-2525           ext.
    Fax:       (713) 652-5130
    Email:     mbankston@jdkglaw.com
    SBN:       24001430
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    Organization Name: ADB Interests, LLC               First Name:        Gregory
    First Name:                                         Middle Name: J.
    Middle Name:                                        Last Name:         Finney
    Last Name:                                          Suffix:
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                    Zip+4:     77010
    Telephone:         (713) 652-2525           ext.
    Fax:       (713) 652-5130
    Email:     gfinney@jdkglaw.com
    SBN:       24044430
    Page 2 of 18
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Daniel J. Kasprzak
    First Name:    Ashley                               Middle Name: J.
    Middle Name:                                        Last Name:         Kasprzak
    Last Name:     Black                                Suffix:
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                        Zip+4:   77010
    Telephone:         (713) 652-2525            ext.
    Fax:       (713) 652-5130
    Email:     dkasprzak@jdkglaw.com
    SBN:       11105300
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        George
    First Name:    Ashley                               Middle Name: A.
    Middle Name:                                        Last Name:         Kurisky
    Last Name:     Black                                Suffix:    Jr.
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                        Zip+4:   77010
    Telephone:         (713) 652-2525            ext.
    Fax:       (713) 652-5130
    Email:     gkurisky@jdkglaw.com
    SBN:       11767700
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Mark
    First Name:    Ashley                               Middle Name: A.
    Middle Name:                                        Last Name:         Bankston
    Last Name:     Black                                Suffix:
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    Page 3 of 18
    City:              Houston
    State:     Texas                    Zip+4:     77010
    Telephone:         (713) 652-2525           ext.
    Fax:       (713) 652-5130
    Email:     mbankston@jdkglaw.com
    SBN:       24001430
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Gregory
    First Name:    Ashley                               Middle Name: J.
    Middle Name:                                        Last Name:         Finney
    Last Name:     Black                                Suffix:
    Suffix:                                             Law Firm Name: Johnson, Deluca, Kurisky & Gould, P.C.
    Pro Se:                                             Address 1:         1221 Lamar, Suite 1000
    Address 2:
    City:              Houston
    State:     Texas                    Zip+4:     77010
    Telephone:         (713) 652-2525           ext.
    Fax:       (713) 652-5130
    Email:     gfinney@jdkglaw.com
    SBN:       24044430
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    Organization Name: ADB Interests, LLC               First Name:        Wallace
    First Name:                                         Middle Name: B.
    Middle Name:                                        Last Name:         Jefferson
    Last Name:                                          Suffix:
    Suffix:                                             Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                             Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    City:              Austin
    State:     Texas                    Zip+4:     78701
    Telephone:         (512) 482-9300           ext.
    Fax:       (512) 482-9303
    Email:     wjefferson@adjtlaw.com
    SBN:       00000019
    Page 4 of 18
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    Organization Name: ADB Interests, LLC               First Name:        Marcy
    First Name:                                         Middle Name: Hogan
    Middle Name:                                        Last Name:         Greer
    Last Name:                                          Suffix:
    Suffix:                                             Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                             Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    City:              Austin
    State:     Texas                    Zip+4:   78701
    Telephone:         (512) 482-9300         ext.
    Fax:       (512) 482-9303
    Email:     mgreer@adjtlaw.com
    SBN:       08417650
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    Organization Name: ADB Interests, LLC               First Name:        Nicholas
    First Name:                                         Middle Name:
    Middle Name:                                        Last Name:         Bacarisse
    Last Name:                                          Suffix:
    Suffix:                                             Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                             Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    City:              Austin
    State:     Texas                    Zip+4:   78701
    Telephone:         (512) 482-9300         ext.
    Fax:       (512) 482-9303
    Email:     nbacarisse@adjtlaw.com
    SBN:       24073872
    I. Appellant                                        II. Appellant Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Wallace
    First Name:    Ashley                               Middle Name: B.
    Middle Name:                                        Last Name:         Jefferson
    Last Name:     Black                                Suffix:
    Suffix:                                             Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                             Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    Page 5 of 18
    City:              Austin
    State:     Texas                    Zip+4:   78701
    Telephone:         (512) 482-9300         ext.
    Fax:       (512) 482-9303
    Email:     wjefferson@adjtlaw.com
    SBN:       00000019
    I. Appellant                                         II. Appellant Attorney(s)
    Person       Organization (choose one)                    Lead Attorney
    First Name:        Marcy
    First Name:     Ashley                               Middle Name: Hogan
    Middle Name:                                         Last Name:         Greer
    Last Name:      Black                                Suffix:
    Suffix:                                              Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                              Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    City:              Austin
    State:     Texas                    Zip+4:   78701
    Telephone:         (512) 482-9300         ext.
    Fax:       (512) 482-9303
    Email:     mgreer@adjtlaw.com
    SBN:       08417650
    I. Appellant                                         II. Appellant Attorney(s)
    Person       Organization (choose one)                    Lead Attorney
    First Name:        Nicholas
    First Name:     Ashley                               Middle Name:
    Middle Name:                                         Last Name:         Bacarisse
    Last Name:      Black                                Suffix:
    Suffix:                                              Law Firm Name: Alexander Dubose Jefferson & Townsend LLP
    Pro Se:                                              Address 1:         515 Congress Avenue, Suite 2350
    Address 2:
    City:              Austin
    State:     Texas                    Zip+4:   78701
    Telephone:         (512) 482-9300         ext.
    Fax:       (512) 482-9303
    Email:     nbacarisse@adjtlaw.com
    SBN:       24073872
    III. Appellee                                        IV. Appellee Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Lara
    Page 6 of 18
    First Name:     Karen                                Middle Name: Hudgens
    Middle Name:                                         Last Name:         Hollingsworth
    Last Name:      Wallace                              Suffix:
    Suffix:                                              Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                              Address 1:         1401 McKinney Street, Suite 2250
    Address 2:
    City:              Houston
    State:     Texas                     Zip+4:   77010
    Telephone:         713-652-9000           ext.
    Fax:       (713) 652-9800
    Email:     lhollingsworth@rustyhardin.com
    SBN:       00796790
    III. Appellee                                        IV. Appellee Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Rusty
    First Name:     Karen                                Middle Name:
    Middle Name:                                         Last Name:         Hardin
    Last Name:      Wallace                              Suffix:
    Suffix:                                              Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                              Address 1:         1401 McKinney Street, Suite 2250
    Address 2:
    City:              Houston
    State:     Texas                     Zip+4:   77010
    Telephone:         713-652-9000           ext.
    Fax:       (713) 652-9800
    Email:     rhardin@rustyhardin.com
    SBN:       08972800
    III. Appellee                                        IV. Appellee Attorney(s)
    Person      Organization (choose one)                    Lead Attorney
    First Name:        Ryan
    First Name:     Karen                                Middle Name:
    Middle Name:                                         Last Name:         Higgins
    Last Name:      Wallace                              Suffix:
    Page 7 of 18
    Suffix:                                                           Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                                           Address 1:         1401 McKinney Street, Suite 2250
    Address 2:
    City:              Houston
    State:     Texas                      Zip+4:   77010
    Telephone:         713-652-9000            ext.
    Fax:       713-652-9800
    Email:     rhiggins@rustyhardin.com
    SBN:       224007362
    III. Appellee                                                     IV. Appellee Attorney(s)
    Person      Organization (choose one)                                 Lead Attorney
    Organization Name: Karen Wallace d/b/a Journeyz Spa & Products    First Name:        Rusty
    First Name:                                                       Middle Name:
    Middle Name:                                                      Last Name:         Hardin
    Last Name:                                                        Suffix:
    Suffix:                                                           Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                                           Address 1:         1401 McKinney Street, Suite 2250
    Address 2:
    City:              Houston
    State:     Texas                      Zip+4:   77010
    Telephone:         713-652-9000            ext.
    Fax:       713-652-9800
    Email:     rhardin@rustyhardin.com
    SBN:       08972800
    III. Appellee                                                     IV. Appellee Attorney(s)
    Person      Organization (choose one)                                 Lead Attorney
    Organization Name: Karen Wallace d/b/a Journeyz Spa & Products    First Name:        Ryan
    First Name:                                                       Middle Name:
    Middle Name:                                                      Last Name:         Higgins
    Last Name:                                                        Suffix:
    Suffix:                                                           Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                                           Address 1:         1401 McKinney, Suite 2250
    Address 2:
    City:              Houston
    State:     Texas                      Zip+4:   77010
    Telephone:         713-652-9000            ext.
    Fax:       713-652-9800
    Email:     rhiggins@rustyhardin.com
    SBN:       24007362
    Page 8 of 18
    III. Appellee                                                     IV. Appellee Attorney(s)
    Person      Organization (choose one)                                 Lead Attorney
    Organization Name: Karen Wallace d/b/a Journeyz Spa & Products    First Name:        Lara
    First Name:                                                       Middle Name: Hudgins
    Middle Name:                                                      Last Name:         Hollingsworth
    Last Name:                                                        Suffix:
    Suffix:                                                           Law Firm Name: Rusty Hardin & Associates, LLP
    Pro Se:                                                           Address 1:         1401 McKinney, Suite 2250
    Address 2:
    City:
    State:     Texas                    Zip+4:     77010
    Telephone:         713-652-9000          ext.
    Fax:       713-652-9800
    Email:     lhollingsworth@rustyhardin.com
    SBN:       00796790
    Page 9 of 18
    V. Perfection Of Appeal And Jurisdiction
    Nature of Case (Subject matter or type of case): Other
    Date order or judgment signed: February 28, 2018                         Type of judgment: Bench Trial
    Date notice of appeal filed in trial court: March 19, 2018
    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:
    Plaintiffs appeal the Trial Court's 12/13/2017 order of dismissal under the Texas Citizens Protection Act, and related, final order on fees
    and sanctions 02/28/18. See Tex. Civ. P. & Rem Code Ann. § 27.008(b); Tex R. App. P. 25.1, 26.1(b), 28.1.
    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:
    See Tex. Civ. P. & Rem Code Ann. § 27.008(b); Tex R. App. P. 25.1, 26.1(b), and 28.1.
    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: March 19, 2018
    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 10 of 18
    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:     334th Judicial District                                    Clerk's Record:
    County: Harris                                                        Trial Court Clerk:        District   County
    Trial Court Docket Number (Cause No.): 2017-35441                     Was clerk's record requested?        Yes         No
    If yes, date requested: March 19, 2018
    Trial Judge (who tried or disposed of case):                          If no, date it will be requested:
    First Name:       Hon. Steven                                         Were payment arrangements made with clerk?
    Middle Name: E.                                                                                                  Yes       No    Indigent
    Last Name:        Kirkland
    (Note: No request required under TRAP 34.5(a),(b))
    Suffix:
    Address 1:         201 Caroline Street
    Address 2 :
    City:              Houston
    State:    Texas                       Zip + 4: 77002
    Telephone:     (713) 368-6640            ext.
    Fax:
    Email:
    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: March 19, 2018
    If no, date it will be requested:
    Were payment arrangements made with the court reporter/court recorder?          Yes      No     Indigent
    Page 11 of 18
    Court Reporter                                Court Recorder
    Official                                      Substitute
    First Name:        Cynthia
    Middle Name:
    Last Name:          Berry
    Suffix:
    Address 1:          201 Caroline Street
    Address 2:          C/O 334th Judicial District Court
    City:              Houston
    State:    Texas                         Zip + 4: 77002
    Telephone:        (832) 927-1832          ext.
    Fax:
    Email: cynthia_berry@justex.net
    X. Supersedeas Bond
    Supersedeas bond filed:          Yes      No       If yes, date filed: March 19, 2018
    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:
    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:While Plaintiffs will abide any Mediation Order, in light of the case's posture, mediation likely would be futile.
    Has the 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? Other
    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):
    Review of the Trial Court's Dismissal of Plaintiffs' Lawsuit under the TCPA, including the Trial Court's rulings on Discovery, Commercial Speech,
    Evidence, the award of Fees and Sanctions.
    How was the case disposed of?          Dismissal
    Summary of relief granted, including amount of money judgment, and if any, damages awarded. Dismissal of all claims and sanctions of
    $125,487.50.
    If money judgment, what was the amount? Actual damages:
    Punitive (or similar) damages:
    Page 12 of 18
    Attorney's fees (trial):    $125,487.50
    Attorney's fees (appellate):   $110,050.00
    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? 12/13/17 Order was not final; 2/28/18 order disposes of fees and all remaining issues and awards appellate fees
    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 13 of 18
    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).
    XV. Signature
    Signature of counsel (or pro se party)                                                    Date:            March 22, 2018
    Printed Name: Daniel J. Kasprzak                                                          State Bar No.:   11105300
    Electronic Signature: /s/ Daniel J. Kasprzak
    (Optional)
    Page 14 of 18
    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 March 22, 2018         .
    Signature of counsel (or pro se party)                                   Electronic Signature: /s/ Daniel J. Kasprzak
    (Optional)
    State Bar No.:      11105300
    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:      March 22, 2018
    Manner Served: Email
    First Name:       Rusty
    Middle Name:
    Last Name:        Hardin
    Suffix:
    Law Firm Name: RUSTY HARDIN & ASSOCIATES, LLP
    Address 1:        1401 McKinney Street, Suite 2250
    Address 2:
    City:             Houston
    State     Texas                      Zip+4:    77010
    Telephone:       713-652-9000       ext.
    Fax:      713-652-9800
    Email:    rhardin@rustyhardin.com
    If Attorney, Representing Party's Name: Defendants Karen Wallace, Individually, and d
    Please enter the following for each person served:
    Page 15 of 18
    Date Served:      March 22, 2018
    Manner Served: Email
    First Name:       Ryan
    Middle Name:
    Last Name:        Higgins
    Suffix:
    Law Firm Name: RUSTY HARDIN & ASSOCIATES, LLP
    Address 1:        1401 McKinney Street, Suite 2250
    Address 2:
    City:             Houston
    State     Texas                      Zip+4:   77010
    Telephone:        713-652-9000       ext.
    Fax:      713-652-9800
    Email:    rhiggins@rustyhardin.com
    If Attorney, Representing Party's Name: Appellees Karen Wallace, Individually, and d/b
    Please enter the following for each person served:
    Date Served:      March 22, 2018
    Manner Served: Email
    First Name:       Lara
    Middle Name: Hudgens
    Last Name:        Hollingsworth
    Suffix:
    Law Firm Name: RUSTY HARDIN & ASSOCIATES, LLP
    Address 1:        1401 McKinney Street, Suite 2250
    Address 2:
    City:             Houston
    State     Texas                      Zip+4:   77010
    Telephone:        713-652-9000       ext.
    Fax:      713-652-9800
    Email:    lhollingsworth@ruslyhardin.com
    If Attorney, Representing Party's Name: Appellees Karen Wallace, Individually, and d/b
    Please enter the following for each person served:
    Page 16 of 18
    Date Served:      March 22, 2018
    Manner Served: Email
    First Name:       Wallace
    Middle Name: B.
    Last Name:        Jefferson
    Suffix:
    Law Firm Name: ALEXANDER DUBOSE JEFFERSON & TOW
    Address 1:        515 Congress Avenue, Suite 2350
    Address 2:
    City:             Austin
    State     Texas                     Zip+4:    78701
    Telephone:        (512) 482-9300    ext.
    Fax:      512-482-9303
    Email:    wjefferson@adjtlaw.com
    If Attorney, Representing Party's Name: Appellants ADB Interests, LLC and Ashley Bl
    Please enter the following for each person served:
    Date Served:      March 22, 2018
    Manner Served: Email
    First Name:       Marcy
    Middle Name: Hogan
    Last Name:        Greer
    Suffix:
    Law Firm Name: ALEXANDER DUBOSE JEFFERSON & TOW
    Address 1:        515 Congress Avenue, Suite 2350
    Address 2:
    City:             Austin
    State     Texas                     Zip+4:
    Telephone:        (512) 482-9300    ext.
    Fax:      (512) 482-9303
    Email:    mgreer@adjtlaw.com
    If Attorney, Representing Party's Name: Appellants ADB Interests, LLC and Ashley Bl
    Please enter the following for each person served:
    Page 17 of 18
    Date Served:      March 22, 2018
    Manner Served: Email
    First Name:       Nicholas
    Middle Name:
    Last Name:        Bacarisse
    Suffix:
    Law Firm Name: ALEXANDER DUBOSE JEFFERSON & TOW
    Address 1:        515 Congress Avenue, Suite 2350
    Address 2:
    City:             Austin
    State     Texas                    Zip+4:
    Telephone:        (512) 482-9300   ext.
    Fax:      (512) 482-9303
    Email:    nbacarisse@adjtlaw.com
    If Attorney, Representing Party's Name: Appellants ADB Interests, LLC and Ashley Bl
    Page 18 of 18
    

Document Info

Docket Number: 01-18-00210-CV

Filed Date: 3/22/2018

Precedential Status: Precedential

Modified Date: 3/24/2018