ACCEPTED
14-15-00945-CV
FOURTEENTH COURT OF APPEALS
Appellate Docket Number: 14-15-00945-CV HOUSTON, TEXAS
11/12/2015 5:02:07 PM
CHRISTOPHER PRINE
Appellate Case Style: David B.T. Myrick, Jr., Edna Archer, Haden Beardsley, and Sarah Kathryn Pacheco CLERK
Vs.
Linda Moody, Elizabeth Moody, and W.L. Moody, V
Companion Case No.:
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
11/12/2015 5:02:07 PM
Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE
Clerk
Appellate Court:14th 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
First Name: Thomas
First Name: David Middle Name: C.
Middle Name: B.T. Last Name: Wright
Last Name: Myrick, Jr. Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: wright@wrightclose.com
SBN: 22059400
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Bradley
First Name: Middle Name: W.
Middle Name: Last Name: Snead
Last Name: Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
Page 1 of 13
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: snead@wrightclose.com
SBN: 24049835
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Thomas
First Name: Edna Middle Name: C.
Middle Name: Last Name: Wright
Last Name: Archer Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: wright@wrightclose.com
SBN: 22059400
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Bradley
First Name: Middle Name: W.
Middle Name: Last Name: Snead
Last Name: Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: snead@wrightclose.com
SBN: 24049835
Page 2 of 13
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Van
First Name: Middle Name: H.
Middle Name: Last Name: Archer, III
Last Name: Suffix:
Suffix: Law Firm Name: The Law Office of Van H. Archer, III
Pro Se: Address 1: 115 East Travis
Address 2: Suite 533
City: San Antonio
State: Texas Zip+4: 78205
Telephone: 210-222-0973 ext.
Fax: 210-222-0975
Email: chiparcher@satx.rr.com
SBN: 01294100
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Thomas
First Name: Haden Middle Name: C.
Middle Name: Last Name: Wright
Last Name: Beardsley Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: wright@wrightclose.com
SBN: 22059400
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Bradley
First Name: Middle Name: W.
Middle Name: Last Name: Snead
Last Name: Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
Page 3 of 13
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: snead@wrightclose.com
SBN: 24049835
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Charles
First Name: Middle Name:
Middle Name: Last Name: Grigson
Last Name: Suffix:
Suffix: Law Firm Name: The Law Office of Charles Grigson
Pro Se: Address 1: 604 W. 12th Street
Address 2:
City: Austin
State: Texas Zip+4: 78701
Telephone: 512-447-5791 ext.
Fax: 512-479-6417
Email: grigson@flash.net
SBN: 08492500
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Thomas
First Name: Sarah Middle Name: C.
Middle Name: Kathryn Last Name: Wright
Last Name: Pacheco Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: wright@wrightclose.com
SBN: 22059400
Page 4 of 13
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Bradley
First Name: Middle Name: W.
Middle Name: Last Name: Snead
Last Name: Suffix:
Suffix: Law Firm Name: Wright & Close, LLP
Pro Se: Address 1: One Riverway
Address 2: Suite 2200
City: Houston
State: Texas Zip+4: 77056
Telephone: 713-572-4321 ext.
Fax: 713-572-4320
Email: snead@wrightclose.com
SBN: 24049835
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Joseph
First Name: Middle Name: S.
Middle Name: Last Name: Horrigan
Last Name: Suffix:
Suffix: Law Firm Name: Horrigan & Goehrs, LLP
Pro Se: Address 1: 5020 Montrose Blvd.
Address 2: Suite 500
City: Houston
State: Texas Zip+4: 77006
Telephone: 713-659-4200 ext.
Fax: 713-659-3804
Email: joe@hgprobate.com
SBN: 10012000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: H.
First Name: Linda Middle Name: David
Middle Name: Last Name: Hughes
Last Name: Moody Suffix:
Page 5 of 13
Suffix: Law Firm Name: Hughes, Vanderburg, Williams & Bartoletti
Pro Se: Address 1: Frost Bank Tower
Address 2: 401 Congress Ave., Suite 2424
City: Austin
State: Texas Zip+4: 78701
Telephone: ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Sarah
First Name: Middle Name:
Middle Name: Last Name: Pacheco
Last Name: Suffix:
Suffix: Law Firm Name: Crain, Caton & James
Pro Se: Address 1: Five Houston Center
Address 2: 1401 McKinney Street, Suite 170
City: Houston
State: Texas Zip+4: 77010
Telephone: ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Keith
First Name: Elizabeth Middle Name:
Middle Name: Last Name: Morris
Last Name: Moody Suffix:
Suffix: Law Firm Name: Ostrom Morris, PLLC
Pro Se: Address 1: 6363 Woodway
Address 2: Suite 300
City: Houston
State: Texas Zip+4: 77057
Telephone: ext.
Fax:
Email:
SBN:
Page 6 of 13
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Gregory
First Name: W. Middle Name: N.
Middle Name: L. Last Name: Jones
Last Name: Moody, V Suffix:
Suffix: Law Firm Name: Oaks, Hartline & Daly, LLP
Pro Se: Address 1: 2323 S. Shepherd
Address 2: 14th Floor
City: Houston
State: Texas Zip+4: 77019
Telephone: ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Scott
First Name: Middle Name:
Middle Name: Last Name: Morrison
Last Name: Suffix:
Suffix: Law Firm Name: Oaks, Hartline & Daly, LLP
Pro Se: Address 1: 2323 S. Shepherd
Address 2: 14th Floor
City: Houston
State: Texas Zip+4: 77019
Telephone: ext.
Fax:
Email:
SBN:
Page 7 of 13
V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Estate proceedings and Administration
Date order or judgment signed: October 8, 2015 Type of judgment: Summary Judgment
Date notice of appeal filed in trial court: November 5, 2015
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:
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:
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:
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 8 of 15
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: Probate Court Clerk's Record:
County: Galveston Trial Court Clerk: District County
Trial Court Docket Number (Cause No.): PR76077 Was clerk's record requested? Yes No
If yes, date requested: November 12, 2015
Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: Kimberly Were payment arrangements made with clerk?
Middle Name: Yes No Indigent
Last Name: Sullivan
(Note: No request required under TRAP 34.5(a),(b))
Suffix:
Address 1: 600 59th Street
Address 2 : 2nd Floor
City: Galveston
State: Texas Zip + 4: 77551
Telephone: 409-766-2200 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 Indigent
Page 9 of 15
Court Reporter Court Recorder
Official 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: Yes No If yes, date filed:
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:Successful mediation is unlikely of the specific issue here: construction of a will.
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? Estate proceedings and Administration
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):
Construction of a Will
How was the case disposed of? Summary Judgment
Summary of relief granted, including amount of money judgment, and if any, damages awarded. Probate Court granted summary
judgment in favor of Appellees
If money judgment, what was the amount? Actual damages:
Punitive (or similar) damages:
Page 10 of 15
Attorney's fees (trial):
Attorney's fees (appellate):
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? Court's severance order expressly makes summary judgment a "final and appealable judgment"
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 11 of 15
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: 11/12/2015
Printed Name: Bradley W. Snead State Bar No.: 24049835
Electronic Signature: /s/ Bradley W. Snead
(Optional)
Page 12 of 15
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 November 12, 2015 .
Signature of counsel (or pro se party) Electronic Signature: /s/ Bradley W. Snead
(Optional)
State Bar No.: 24049835
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: November 12, 2015
Manner Served: eServed
First Name: H.
Middle Name: David
Last Name: Hughes
Suffix:
Law Firm Name: Hughes, Vanderburg, Williams & Bartoletti
Address 1: Frost Bank Tower
Address 2: 401 Congress Ave., Suite 2424
City: Austin
State Texas Zip+4: 78701
Telephone: ext.
Fax:
Email: dhughes@hvwlaw.com
If Attorney, Representing Party's Name: Linda Moody
Please enter the following for each person served:
Page 13 of 15
Date Served: November 12, 2015
Manner Served: eServed
First Name: Sarah
Middle Name:
Last Name: Pacheco
Suffix:
Law Firm Name: Crain, Caton & James
Address 1: Five Houston Center
Address 2: 1401 McKinney Street, Suite 170
City: Houston
State Texas Zip+4: 77010
Telephone: ext.
Fax:
Email: spacheco@craincaton.com
If Attorney, Representing Party's Name: Linda Moody
Please enter the following for each person served:
Date Served: November 12, 2015
Manner Served: eServed
First Name: Keith
Middle Name:
Last Name: Morris
Suffix:
Law Firm Name: Ostrom Morris, PPC
Address 1: 6363 Woodway
Address 2:
City: Houston
State Texas Zip+4: 77057
Telephone: ext.
Fax:
Email: keith@ostrommorris.com
If Attorney, Representing Party's Name: Elizabeth Moody
Please enter the following for each person served:
Page 14 of 15
Date Served: November 12, 2015
Manner Served: eServed
First Name: Gregory
Middle Name: N.
Last Name: Jones
Suffix:
Law Firm Name: Oaks, Hartline & Daly, LLP
Address 1: 2323 S. Shepherd
Address 2: 14th Floor
City: Houston
State Texas Zip+4: 77019
Telephone: ext.
Fax:
Email: gjones@gnjlaw.net
If Attorney, Representing Party's Name: W.L. Moody, V
Please enter the following for each person served:
Date Served: November 12, 2015
Manner Served: eServed
First Name: Scott
Middle Name:
Last Name: Morrison
Suffix:
Law Firm Name: Oaks, Hartline & Daly, LLP
Address 1: 2323 S. Shepherd
Address 2:
City: Houston
State Texas Zip+4: 77019
Telephone: ext.
Fax:
Email: morrison@ohdlegal.com
If Attorney, Representing Party's Name: W.L. Moody, V
Page 15 of 15