CEVA Logistics U.S., Inc. and Ceva Freight, LLC v. Acme Truck Line, Inc.

ACCEPTED
01-15-00314-CV
FIRST COURT OF APPEALS
,Appellate Docket Number: 01-15-00314-CV '``` '=` HOUSTON, TEXAS
4/28/2015 12:33:38 PM
Appellate Case Style: CEVA Logistics U.S., Inc. and CEVA Freight, LLC CHRISTOPHER PRINE
CLERK
Vs.
Acme Truck Luie, Inc.

Companion Case No.:
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
4/28/2015 12:33:38 PM
Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE
Clerk
Appellate Court: l st Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorneys)
❑ Person ~ Organization (choose one) ~ Lead Attorney
Organization Name CEVA Logistics and C~VA Freight ., First Name: ~ .~
First Name: Middle Name:
Middle Name: Last Name:
Last Name: Suffix:
Suffix: Law Firm Name:gown Sims

Pro Se: ~ Address 1: X1177 West Look S., 10th Floor'
Address 2:
City: Houston.
State: ;Texas '' "''y Zip+4:
Telephone: 71~ 6~9 1580 `' ext.
Fax: `!13.629.5027
Email: rkoecher@brownsms.co.
SBN: 11648700
'-

I. Appellant II. Appellant Attorneys
Person ❑Organization (c}~oose one) ~ Lead Attorney

First Name: Andrew
FirstName: Middle Name: R
Middle Name: Last Name: Spector
Last Name: Suffix:
Suffix: Law Firm Name:Spector Rubin, P.A _

Pro Se: ~ Address 1: X520 Mary Stree e: ~.~'
Address 2: Pte,,;,

Page 1 of 8
 City: Miami ' .... ~ ,. ,
State: Florida Zip+4 ~~~ ~~
-_~
Telephone: 305.537.2001 ext. ~ a -_
Fax: 305.537.2002
Email: ._ rr r ~`

SBN: 788801 `

IIl. Appellee IV. Appellee Attorneys)
❑ Person Organization (choose one) ~ Lead Attorney
....
Organization Name _ ~ First Name: David ,,~ _ _ _ `
..s ~ ~.: - ~ - ---
FirstName: .~ . ~.sT . - '~.
',H Middle Name: ~~~~ ~~
Middle Nanle: a..:_ .... ..
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Last Name: ~v
~~y }~5~ryry~
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z~y~ 1,
-
.... '" s _
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.3 _. .__
3,
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Last Name: _ ~~~ ~~ ~~~_~~~,~~~ Suffix: f~~ ~ _'
Suffix ``~~~ `~ s Law Firm Name: -~'~ ~~°'~~~'~~~' ~~'~
Pro Se: ~ Address 1: ~- ~ ~`..~~~~'~~..~~. ~~~~~:
e -- - --- ;: ~s~~- -
Address 2: _ _ - :>r ~ - ,,,

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State: ~~;. Zip+4: ~ ~
Telephone: ~ X33 ~. ext.
Fax:
Email:
SBN: ~,~

Page 2 of 8
~V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Contract

Date order or judgment signed: March 5, 20l 5 Type ofjudgment: Summary Judgment ~~~~A'~~-~~~~~
_:.~ ~~
Date notice of appeal filed in trial court: April 2, 2015 ~u
If mailed to the trial court clerk, also give the date mailed: ,~ _ -~"-~.~M
Interlocutory appeal of appealable order: ❑Yes ~ No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Q0._ _ - ~ = — - j — _ _ ~ ~,~- ~~_ -

Accelerated appeal(See TRAP 28): ❑Yes ~ No
If yes, please specify statutory or other basis on which appeal is accelerated:
a= _ ~ _

Parental Termination or Child Protection?(See TRAP 28.4): Yes ONo

Permissive?(See TRAP 28.3): ❑ ~'es ❑ No
If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): ❑ 1'es ~ No
If yes, please specify statutory ar other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: ❑ Z'es ~ 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 ~ Yes ~ No If yes, date filed:
and Conclusions of Law:
des ~ 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 ale-stamped copy of affidavit, and,extension mutton ~f filed) ' •, ;- _~.si.

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 ofthe petition.

Date bankruptcy filed ~~~~~ Bankruptcy Case Number ~_ .~ '_ ~~ ~ 6

IX. Trial Court And Record

Court: 129th Clerk's Record:
~ ~~~~~~~
County: Harris >3 _~~ ~~~ ~t `~ ~' ``
~~~ ~ a~ Trial Court Clerk: ~ District ❑County
Trial Court Docket Number (Cause No.): ~~ Was clerk's record requested? ~ Yes ❑ No

If yes, date requested: April S, 2015
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 ~No ❑Indigent
Last Name: Gomez`
(Note: No request required un~3er TRAP 34.5(a),(b))
Suffix:
Address 1: 201
~.~ s~Carcalu~e,,
_ __ _ ..,_ ~loth Flow ~t
.~-_~~.
Address 2
City:
State: ~ Zip + 4:
Telephone: ~~13.368.618Q Y 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

If no, date it will be requested:~~~
Were payment arrangements made with the court reporter/court recorder? ~ yes ❑ No ❑]ndigent

Page 4 of 8
❑ Court Reporter ❑Court Recorder
❑ Official ❑Substitute

First Name: >w .~ _ ._~~~`~~~~ ~ ~~~~~
Middle Name ~~ ~~~ ~~ ~ ~ ~_ ~"
n~
~~~ ~ }
Last Name: _~~.~~ = ~~~ a,
Suffix ~~~~-
Address 1: gym.~ ~'--r ~~ ~ ~~` "~w
Address 2: `~
~. ~~~
~. -'; `- ,.

State: Texas ~. ~;. Zip + 4:
Telephone: ext.
Fax:
Email•

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 reliefl from this Court? ~ Yes ~ No
If es, briefl state the basis for our re uest: ~ _` ~ 3=:` "'~ ~ _ ,' ~ ~

XII. Alternative Dispute ResolutionJMediation(Complete section if filing in the 1st, 2nd,4th,5th,6th, 8th, 9th, 10th, l lth, 12th, 13th,
ar 14th Court of Appeal) ,~ ~_

Should this appeal be referred to mediation?
Yes ❑ No

If no leases eci ~ ~ -~~~ # ~~ .~~ ,..~~ ~,~¢~:~~ # ~ ~x .~ ~ ~T~ '~ 1b ,,g~~~. ~- ~
n

Has the case been through an ADR procedure? Yes ❑ No
..
If yes, who was the mediator? a New York mediator ~- ~~~~, ~~:: `
.,,~- .n,, ~,.~._. .._, -~~~~~,.
What type of ADR procedure? mediation
At what stage did the case go through ADR? ~ Pre-Trial ~ Post-Trial ~ Other
If other, please specify: ~ $ ~ ~~ F 9. ~~ :;~~~ ~ '~ T

Type of case? Breach o~tr~arispa ~ ron`con`~ta~ ;.
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 relied:
(1) Whether trial court erred in granting Acme Truck Line's Motion for Summary Judgment(2) Whether trial court erred in denying CEVA Freight's
and CEVA Logistics' Motion for Summary Judgment
How was the case disposed of? Summary Judgment ~ '"
Summary of relief granted, including amount of money judgment, and if any, damages awarded. ~~ ~ .~~
If money judgment, what was the amowlt? Acri~al damages: $0 00 ,~ a~,~,~~,~;
~
Punitive (or similar) damages ~`

Page 5 of 8
 Attorney's fees (trial) ~~~~~ ~~
Attorney's fees (appellate) g ~~
~:~„~~~~
~~~~"_
Other: ~
If other, please specify: -~~ _ v ~~,~ ~~~~~ ~ ~ ~ y,

I 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
~~.~ ts- z=r_T;r.~.~ ~ ~~a ~ a-~..~ ~ -.~.z, ,-~~ ~ ~. ~ ,sib: ~ ~ ~~' -:
Other basis for finality? Tone. ~~~ ~~ ~ _ _;.
Rate the complexity ofthe case (use 1 for least and 5 for most complex): ❑ 1 ~ 2 ❑X 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
~:

Lan ua es other than En lish in which the mediator should be roficient. Nane~~~
'~ ~~~~''~` ~~- ~~~~" '~
Name of person filing out mediation section of docketing statement: James R. Koecher ~~`~~~~~~~~ ,~.,_. ~f-j~.mz~

XIII. Related Mafters ~ ~~
List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style

. ~ ~, ~~_r

Page 6 of 8
IXIV. Pro Bono Program:(Complete section if ding in the 1st, 3rd,5th,or 14th Courts of Appeals)