Appellate Docket Number: 01-15-00355-CV
Appellate Case Style: B & Sons Construction LLC v. United Rentals (North America)
Vs.
FILED IN
Companion Case No.: none st
1 COURT OF APPEALS
HOUSTON, TX
April 28, 2015
CHRISTOPHER A. PRINE,
CLERK
Amended/corrected statement: DOCKETING STATEMENT (Civil)
Appellate Court: First Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
0 Person ~ Organization (choose one) :tQt Lead Attorney
First Name: Peter
First Name: B & Sons Construction LLC Middle Name:
Middle Name: Last Name: Cos tea
Last Name: Suffix: Mr.
Suffix: Law Firm Name: Law Office of Peter .Cos tea
ProSe: 0 Address 1: Three Riverway, Suite 1800
Address 2:
City: Houston
State: Texas Zip+4: 77056
Telephone: 71 3 3 3 7 4 3 0 4 ext.
Fax:
713 659 5302
Email: peter @ costealaw.com
SBN: 04855900
III. Appellee IV. Appellee Attorney(s)
0 Person b3Drganization (choose one) £l: Lead Attorney
First Name: Christina
First Name: Rood Holdings LLC Middle Name:
Middle Name: ILast Name: Johnson
Last Name: Suffix: Ms
Suffix: Law Firm Name: Fidelity National Law Group
ProSe: 0 Address 1: 5151 Beltline Road, Suite 410
Address 2:
City: Dallas,
State: Texas. Zip+4: .7 52 5 4
Telephone: 972-812-9400 ext.
Fax: 972-812-9408
Emili: christina.johnson@fnf.com
SBN: 24050638
Page 1 of 7
V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): dec lara tory judgment
Date order or judgment signed: January 2 2 , 2 01 5 Type of judgment: Final and A.ppeallable
Date notice of appeal filed in trial court: April 1 8 , 2 0 1 5
If mailed to the trial court clerk, also give the date mailed: n/a
Interlocutory appeal of appealable order: DYes lia:No
If yes, please specifY statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): DYes ~No
If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): DYes @No
Permissive? (See TRAP 28.3): DYes D No
If yes, please specifY statutory or other basis for such status:
Agreed? (See TRAP 28.2): DYes D No
If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: DYes [R] No
If yes, please specifY statutory or other basis for such status:
Does this case involve an amount under $100,000? XXI Yes DNo
Judgment or order disposes of all parties and issues:~ Yes DNo
Appeal from final judgment: ~Yes DNo
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes :Ui:No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: ~es D No Ifyes, date filed: February 1 0, 201 5
Motion to Modify Judgment: DYes @No Ifyes, date filed:
Request for Findings of Fact DYes KJ No If yes, date filed:
and Conclusions of Law:
Motion to Reinstate:
DYes KJ No If yes, date filed:
DYes~ No Ifyes, date filed:
Motion under TRCP 306a:
Other: DYes E) No
If other, please specifY:
VII. IndigencyOfParty: (Attach file.:.stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: DYes [R] No If yes, date filed:
Contest filed in trial court: DYes D No If yes, date filed:
Date ruling on contest due:
Ruling on contest: D Sustained D Overruled Date of ruling:
Page 2 ofl
VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes KJ No
If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court Aud Record
Court: 1 64th Clerk's Record:
County: Harris Trial Court Clerk: ~ District D County
Trial Court Docket Number (Cause No.): 2013-6 0 986 Was clerk's record requested? 28 Yes D No
If yes, date requested: Apr i 1 2 4 , 2 0 1 5
Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: Alexandrs Were payment arrangements made with clerk?
Middle Name: DYes DNo Dindigent
Last Name: Smoots-Rogan (Note: No request required under TRAP 34.5(a),(b))
Suffix: Honorabla
Address 1: Harris County Court Hopuse
Address 2: 201 Caroline
City: Houston,
State: Texas Zip+ 4: 770.02
Telephone: 713 368 6264 ext.
Fax: unknown
Email: unknown
Reporter's or Recorder's Record:
Is there a reporter's record? DYes Q No
Was reporter's record requested? DYes ug No
Was there a reporter's record electronically recorded? DYes [1g No
If yes, date requested: n/a
If no, date it will be requested: n/a
Were payment arrangements made with the court reporter/court recorder? DYes D No Dindigent n/ a
Page 3 of?
D Court Reporter n /a 0 Court Recorder
0 Official 0 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: 0 Yes ~No If yes, date filed:
Will file: 0 Yes I!] No
XI. Extraordinary Relief
Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? 0 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, lOth, 11th, 12th, 13th,
or 14th Court of Appeal)
Should this appeal be referred to mediation?
0 Yes 0 No
n/a
If no, please specify:
Has the case been through an ADR procedure? DYes ~No
If yes, who was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? 0 Pre-Trial 0 Post-Trial 0 Other
If other, please specify:
Type of case?
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):
a default judgment was obtained against the appellant. appellant seeks to
set aside the default judgment
How was the case disposed of? default j udgrnent
Summary of relief granted, including amount of money judgment, and if any, damages awarded. dec 1 ara tory judgment
If money judgment, what was the amount? Actual damages: n/ a
Punitive (or similar) damages: n/ a
Page 4 of 7
Attorney's fees (trial): n/ a
Attorney's fees (appellate): nIa
Other:
If other, please specify:
Will you challenge this Court's jurisdiction? DYes{] No
Does judgment have language that one or more parties "take nothing"? D Yes ~ No
Does judgment have a Mother Hubbard clause? DYes iJ No
Other basis for finality? Final Judgment states it is Final and Appealable
Rate the complexity of the case (use I for least and 5 for most complex): D 1 ~ 2 D 3 D 4 D 5
Please make my answer to the preceding questions known to other parties in this case. {9