in the Matter of the Marriage of Lisa Mozley and William Mozley, and in the Interest of F.M., a Child

ACCEPTED 05-15-01495-CV 05-15-01495-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 12/8/2015 12:57:05 PM Appellate Docket Number: LISA MATZ CLERK Appellate Case Style: LISA MOZLEY Vs. WILLIAM MOZLEY FILED IN Companion Case No.: 5th COURT OF APPEALS DALLAS, TEXAS 12/8/2015 12:57:05 PM LISA MATZ Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: 5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant H. Appellant Attorney(s) Person Ei Oruanization (choose one) Lead Attorney First Name: ALBERTO First Name: Middle Name: Middle Name: Last Name: HERRERA Last Name: Suffix: Suffix: Law Firm Name: ALBERTO HERRERA ATTY. AT LAW Pro Se: 0 Address I: 3198 ROYAL LANE Address 2: SUITE 211 City: DALLAS State: Texas lip--4: 75229 Telephone: 214-358-8997 ext. Fax: 214-358-3843 Email: HERRERALAWYER(i0OLCOM SBN: 24029610 III. Appellee IV. Appellee Attorney(s) X Person fOreanization (choose one) [1] Lead Attorney First Name: JULIA First Name: Middle Name: Middle Name: Last Name: HENRY Last Name: Suffix: Suffix: Law Firm Name: GEARY, PORTER & DONOVAN Pro Se: 0 Address 1: 16475 DALLAS PARKWAY Address 2: SUITE 400 City: ADDISON State: Texas Zip-4-4: 75001 Telephone: 972-931-9901 ext. Fax: 972-931-9208 Email: JHENRYgGDP.COM SBN: 00787678 Page 1 of 8 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Divorce Date order or judgment signed: September 24, 2015 Type of judgment: Bench Trial Date notice of appeal filed in trial court: December 8, 201 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: 0 Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Ta' Accelerated appeal (See TRAP 28): E] Yes El No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): EYes E:INo Permissive? (See TRAP 28.3): 0 Yes No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): D Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: E Yes El No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? El Yes E No Judgment or order disposes of all parties and issues: 0 Yes D No Appeal from final judgment: E Yes D No Does the appeal involve the constitutionality or the validity of a statute, nile, or ordinance? E Yes Ex No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: 0 Yes 12 No If yes, date filed: October 21, 2015 Motion to Modify Judgment: EYes E No If yes, date filed: Request for Findings of Fact D Yes E No If yes, date filed: and Conclusions of Law: [yes ID No If yes, date filed: Motion to Reinstate: Motion under TRCP 306a: D Yes 0 No If yes, date filed: Other: 17 Yes ❑ No It other, please specify: I. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: ❑ Yes [I] No If yes. date tiled: Contest filed in trial court: DYes [1] No If yes, date fi led: Date ruling on contest due: Ruling on contest: D Sustained ED Overruled Date of ruling: Page 2of 8 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? El Yes E No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: VII. Trial Court And Record Court: 303RD DISTRICT COURT Clerk's Record: County: DALLAS 'trial Court Clerk: District 0 County Trial Court Docket Number (Cause No.): DI.-14-06301 Was clerk's record requested? El Yes fl No If yes, date requested: December 8, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: DENNISE Were payment arrangements made with clerk? Middle Name: ❑ x Yes 0 No 0 Indigent Last Name: GARCIA (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: 600 CO_ Address 2 : City: State: Texas Telephone: 214-653-6186 Fax: Email: DGARCIA@DALLASCOUNTY.ORG Reporter's or Recorder's Record: Is there a reporter's record? ❑ x Yes 0 No Was reporter's record requested? [7 Yes fl No Was there a reporter's record electronically recorded? D Yes No If yes, date requested: December 8, 2015 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? 0 Yes ❑ No D Indigent Page 3of 8 D Court Reporter Court Recorder El Official Substitute First Name: Middle Name: Last Name: WEST-KINDLE Suffix: Address 1: 600 COMMERCE STREET* Address 2: City: DALLAS State: Texas Telephone: 214-653-7727 ext. Fax: Email: X. Supersedeas Bond Supersedeas bond tiled:E] Yes El No If yes, date filed: Will file: fl Yes fl No XI. Extraordinary Relief Will you request extraordinary• relief (e.g. temporary or ancillary relief) from this Court? Yes Ei No If yes, briefly state the basis for your request: Page 4of 8 X11. Alternative Dispute Resolution/Mediation (Complete section Killing in the Ist, 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 Has the case been through an ADR procedure? ['Yes El 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 El 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? Summary of relief granted, including amount of money judgment, and if any, damages awarded. DIVISION OF PROPERTY 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 specifi Will you challenge this Court's jurisdiction? D Yes No Does judgment have language that one or more parties "take nothing"? Ei Yes E] No Does judgment have a Mother Hubbard clause? (Yes No Other basis for finality? Rate the complexity of the case (use I for least and 5 for most complex): o1 El 2 El 3 ❑ 4 El 5 Please make my answer to the preceding questions known to other parties in this case. Ei Yes E] 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: Page 5of 8 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 6of 8 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 Listsery to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Do you authorize the Pro Bono Committee to contact your trial counsel of record in thinatrestrinswr questions the committee may have regarding the appeal? Please note that any suc nversAons would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of consider *Pan &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? 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 D 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. rxiyes n No Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable gtandard 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: December 8, 2015 Printed Name: ALBERTO HERRERA State Bar No.: 24029610 Electronic Signature: (Optional) Page 7of 8 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 December 8, 7015 • Signature of counsel (or pro se party) Electronic Signature: (Optional) State Bar No.: 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) 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: December 8, 2015 Manner Served: Fax First Name: JULIA Middle Name: Last Name: HENRY Suffix: Law Firm Name: GEARY, PORTER & DONOVAN Address I: 16475 DALLAS PARKWAY Address 2: SUITE 400 City: ADDISON State Texas Telephone: 972-349-2294 Fax: 972-931-9208 Email: JHENRYO'GPD.COM If Attorney, Representing Party's Name: Page 8of 8