Araceli Zapata D/B/A El Super, Veljaco Corp., Inc, D/B/A El Super Meat Market & Taqueria and Carmen Gloria Veljanovich v. Clear Creek Independent School District, the City of Webster, and Harris County

ACCEPTED 01-15-00346-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/1/2015 12:00:00 AM Appellate Docket Number: Ol-lS..00346-CV CHRISTOPHER PRINE CLERK Appellate Case Style: Araceli Zapata, et al. Vs. Clear Creek Ind. Sch. Dist. Companion Case No.: FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/1/2015 4:41:30 PM CHRISTOPHER A. PRINE Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: 1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant ~ Person D Organization (choose one) t8] Lead Attorney First Name: Marlr First Name: Araceli Middle Name: Middle Name: Last Name: Last Name: Zapata Suffix: Suffix: Law Firrn Name: Law Oftic:a olAAK. ProSe: 0 Address 1: P.O.BmlllDI Address 2: City: Tc:nsCily State: Tens Zip+4: 'nS92-l201 Telephone: 281-402-6780 ext. Fax: 281-715-4284 Email: markaronowitz@hotmail.com SBN: 00793281 I. Appellant IL Appellant Attoraey(s) t8] Person D Organization (choose one) t8] Lead Attorney First Name: MarK First Name: Carmen Middle Name: Middle Name: Gloria Last Name: Aronowitz Last Name: Veljanovich Suffix: Suffix: Law Firm Name: Law Offices of A&K Pro Se: Q Address l: P.O. Box: 1201 Address 2: Page 1of10 I City: Texas City State: Texas Zip+4: 77S92-1201 Telephone: 281-402-67&0 ext. Fax: 281-715-4284 Email: markaronowitz@hotmail.com SBN: 00793281 I. Appellant IL Appellant Attorney(s) 0 Person IX! Organization (choose one) 0 Lead Attorney Organization Name: Veljaco Corp. First Name: Mark First Name: Middle Name: Middle Name: Last Name: Aronowitz Last Name: Suffix: Suffix: Law Firm Name: Law OfficesDfA&1C Pro Se: 0 Address I: P.O. Box 1201 Address 2: City: Texas City State: Texas Zip+4: 77592-1201 Telephone: 281-402-67&0 ext. Fax: 211-715-4284 Email: marbronowitz@hotmail.com SBN: 00793211 BL Appellee IV. Appellee Attomey(s) 0 Person IX!Organization (choose one) C8] Lead Attorney Organization Name: Oear Creek Ind/ Sch. Dist. First Name: Elizabeth First Name: Middle Name: Middle Name: jLast Name: Wieble-Wang Last Name: Suffix: Suffix: Law Firm Name: Perdue, Brandon. Fielder, Collins 8t. Mott. LLP Pro Se: Q Address I: 1235 North Loop West Address 2: Suite600 City: Houston State: Texas Zip+4: 77008 Telephone: 713-162-1860 ext. Fax: 713-162-1429 Email: PBFCM-Houston@pbfan.com SBN: 24075276 BL Appellee IV. Appellee Attorney(s) 0 Person IX!Organization (choose one) l2J Lead Attorney Organization Name: Harris County First Name: Herbert First Name: Middle Name: A. Page 2of10 Middle Name: Last Name: Stone Last Name: Suffix: ill. Suffix: Law Finn Name: Linebarger Ooggan Blair & Sampson, LLP Pro Se: Q Address 1: 4828 Loop Central Drive Address 2: Suite600 City: Houston State: Texas Zip+4: 77081 Telephone: 713-844-3400 ext. Fax: 713-844-3501 Email: berbert.stone@lgbs.com SBN: 24041980 m. Appellee IV.· AppelleeAttoniey(s) 0 Person l2]0rgani7.ation (choose one) 12] Lead Attorney Organization Name: City of Webster First Name: Herbert First Name: Middle Name: A. Middle Name: ILast Name: Stone Last Name: !suffix: m. Suffix: Law Finn Name: Linebarget Goggan Blair Sampson, LLP Pro Se: Q Address 1: 4821 Loop Central Drive Address 2: Suite 600 City: Houston State: Texas Zip+4: 77081 Telephone: 713-844-3400 ext. Fax: 713-844-3501 Email: berbert.stone@lgbs.com SBN: 24041980 Page 3of10 V. Perfection Of Appeal And Jqrisdietion Nature of Case (Subject matter or type of case): Tax Date order or judgment signed: March 2, 2015 Type of judgment: Bench Trial Date notice of appeal filed in trial court: April 16, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal ofappealable order: 0 Yes jg! No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated appeal (See TRAP 28): 0 Yes jg! No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): 0Yes ~No Permissive? (See TRAP 28.3): 0Yes jg! No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): 0 Yes~ No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: 0Yes 181 No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? ~ Yes 0 No Judgment or order disposes of all parties and issues: ~ Yes 0No Appeal from final judgment: 0 Yes 0No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? 0 Yes ~No VL Actions Extending Time To Perfect Appeal Motion for New Trial: 0Yes 181 No If yes, date filed: Motion to Modify Judgment: 0Yes 181 No If yes, date filed: Request for Findings of Fact 0 Yes 181 No If yes, date filed: and Conclusions of Law: Motion to Reinstate: QYes 181 No If yes, date filed: Motion under TRCP 306a: 0 Yes 181 No If yes, date filed: Other: 0Yes ~No If other, please specify: VIL lndigency Of Party: (Attach &le-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: 0 Yes jg! No If yes, date filed: Contest filed in trial court: 0Yes 0No If yes, date filed: Date ruling on contest due: Ruling on contest: 0 Sustained 0 Overruled Date of ruling: Page4of10 VIlL Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 0Yes IX! No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court And Record Court: 165th Judicial District Clerk's Record: County: Harris Trial Court Clerk: IX! District D County Trial Court Docket Number (Cause No.): Z013-0492S Was clerk's record requested? IX! Yes D No If yes, date requested: May 18, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Eli7.abeth Were payment arrangements made with clerk? Middle Name: IZ!Yes QNo 0Indigent Last Name: Ray (Note: No request required under TRAP 34.S(a),(b)) Suffix: Address l: 201 Caroline Street Address 2: 12th Floor City: Houston State: Texas Zip+ 4: 77002 Telephone: 713-368--6270 ext. Fax: Email: Reporter's or Recorder's Record: Is there a reporter's record? IZ!Yes D No Was reporter's record requested? IZ!Yes 0No Was there a reporter's record electronically recorded? D Yes [gl No If yes, date requested: May 18, 2015 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? [glYes O No Oindigent Page 5of10 [gl Court Reporter D Court Recorder D Official IX! Substitute First Name: Max Middle Name: Eugene Last Name: Sanders Suffix: Address I: P.O. Box 2145 Address 2: City: Anahuac State: Texas Zip + 4: 77514 Telephone: 713-268-6242 ext. Fax: Email: shericsr@msn.com x. Supenecleas Bond Supersedeas bond filed:[glYes D No If yes, date filed: Will file: D Yes IX! No XL Extraordinary Relief Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes [gl No If yes, briefly state the basis for your request: XIl. Alternative Dispute Resolution/Mediation (Complete section if filing ia the 1st, ln~ 4th, Sth,. 6th,.~ 9da, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation? D Yes [gl No If no, please specify:The txaing authorities refuse to accept anything but full amount allegedly owed. Has the case been through an ADR procedure? DYes [gl No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? D Pre-Trial D Post-Trial D 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): How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. 3,220.09 If money judgment, what was the amount? Actual damages: $3,220.09 Punitive (or similar) damages: $0.00 Page6of 10 Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: If other, please specify: Will you challenge this Court's jurisdiction? 0Yes ~No Does judgment have language that one or more parties "take nothing"? D Yes ~ No Does judgment have a Mother Hubbard clause? ~Yes D No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): D l ~ 2 D 3 D 4 D5 Please make my answer to the preceding questions known to other parties in this case. gives D No Can the parties agree on an appellate mediator? D 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: Mark Aronowitz XIU. 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 7of10 ·. 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? 0 Yes [gJ 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? 0 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 oflndigency 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? 181 Yes 0 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? 0 Yes [gj No If yes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http: wwv>.tex-app.orn:. 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: May 31, 2015 Printed Name: Mark.Aronowitz State Bar No.: 00793281 Electronic Signature: Isl Mark Aronowitz (Optional) Page 8of10 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 J~J~"'~'. Signature of counsel (or prose party) Electronic Signature: /slM.t, Atcwlowitz (Optional) State Bar No.: 00193211 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: (I) the date and manner of service; (2) the name and address of each person served, and (3) ifthe 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: June l, 2015 Manner Served: e8erved First Name: Middle Name: Last Name: Stone Suffix: ID. Law Firm Name: Linebarger, ~Blair~· ~LLP Address 1: 48211..oop~~ Address 2: Suite600 City: State Texas Zip+4: 770ti Telephone: ext. Fax: 71J..84.4.,3S01 Email: ~.corn If Attorney, Representing Party's Name: Hanis ColJntJ..:CitJ:,ofWebster Please enter the following for each person served: Page 9of10 Date Served: June 1, 2015 Manner Served: e8erved First Name: Elizabeth Middle Name: Last Name: Wiehle-Wang Suffix: Law Firm Name: Perdue. Brandon, Fielder, Collins & Mott. LLP Address 1: 1235 North Loop West Address 2: Suit.e600 City: Houston State Texas Zip+4: 77008 Telephone: 713-862-1860 ext. Fax: 713-862-1429 Email: PBFCM-Houston@pbfcm.com If Attorney, Representing Party's Name: Clear Creek Ind. Sch. Dist. Page 10of10