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Print or Print to SAVE AS PDF. 05-19-00748-CV
05-19-00748-CV FIFTH COURT OF APPEALS
DALLAS, TEXAS
Appellate Docket Number: 6/24/2019 1:16 PM
LISA MATZ
Appellate Case Style: HKS/WS, a Joint Venture CLERK
Vs. HALFF ASSOCIATES, INC.
Companion
Case(s):
Amended/Corrected Statement FILED IN
5th COURT OF APPEALS
DOCKETING STATEMENT (Civil) DALLAS, TEXAS
Appellate Court: 5 6/24/2019 1:16:59 PM
(to be filed in the court of appeals upon perfection of appeal under TRAP LISA32)
MATZ
Clerk
NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP
32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the
party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.
I. Appellant II. Appellant Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: HKS/WS, a Joint Venture Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: Address 1:
City/State/Zip: Address 2:
Tel. Ext. Fax: City/State/Zip:
Email: Tel. Ext. Fax:
II. Appellant Attorney(s) Email:
Lead Attorney Retained Attor… Lead Attorney Select
Name: James A. McCorquodale Name:
Bar No. 13464900
Bar No.
Firm/Agency: Sandy McCorquodale, P.C.
Firm/Agency:
Address 1: 12700 Hillcrest Road Address 1:
Address 2: Suite 125
Address 2:
City/State/Zip: Dallas TX 75230 City/State/Zip:
Tel. 214-712-4472 Ext. Fax: 815-572-9448
Tel. Ext. Fax:
Email: sandy@smqlaw.com
Email:
Lead Attorney Select Lead Attorney Select
Name:
Name:
Bar No.
Bar No.
Firm/Agency:
Firm/Agency:
Address 1:
Address 1:
Address 2:
Address 2:
City/State/Zip:
City/State/Zip:
Tel. Ext. Fax:
Tel. Ext. Fax:
Email:
Email:
III. Appellee IV. Appellee Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: Halff Associates, Inc. Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: Address 1:
City/State/Zip: Address 2:
Tel. Ext. Fax: City/State/Zip:
Email: Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attor… Lead Attorney Select
Name: Grant Gealy Name:
Bar No. 07784700 Bar No.
Firm/Agency: MILLS SHIRLEY L.L.P. Firm/Agency:
Address 1: 3 Riverway, Suite 670 Address 1:
Address 2: Address 2:
City/State/Zip: Houston, Texas 77056 City/State/Zip:
Tel. 713.225.0547 Ext. Fax: 866.674.7808 Tel. Ext. Fax:
Email: ggealy@millsshirley.com Email:
Lead Attorney Select Lead Attorney Select
Name: Name:
Bar No. Bar No.
Firm/Agency: Firm/Agency:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email: Email:
Page 2 of 11
V. Perfection of Appeal, Judgment and Sentencing
Nature of Case (Subject matter or type of case): Contract
Date Order or Judgment signed: March 27, 2019 Type of Judgment: Bench Trial
Date Notice of Appeal filed in Trial Court: June 24, 2019
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: April 25, 2019
Motion to Modify Judgment: Yes No If yes, date filed:
Request for Findings of Fact and Conclusions of Law:
Yes No If yes, date filed:
Motion to Reinstate: Yes No If yes, date filed:
Motion under TRCP 306a: Yes No If yes, date filed:
Other: Yes No
If Other, please specify:
Page 3 of 11
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.)
Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No
If yes, date filed:
Was a Motion Challenging the Statement filed in the trial court? Yes No
If yes, date filed:
Was there any hearing on appellant’s ability to afford court costs? Yes No
Hearing Date:
Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No
Date of Order:
If yes, trial court finding: Challenge Sustained Overruled
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: 14th Judicial District Court Clerk’s Record
County: Dallas County Trial Court Clerk: ✔ District County
Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No
DC-17-17458
If yes, date requested: June 24, 2109
Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: Hon. Eric Moyé
Were payment arrangements made with clerk?
Address 1: 600 Commerce Street 5th Floor New Tower
✔ Yes No Indigent
Address 2: Box 540
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Dallas TX 75202
Tel. (214) 653-6000 Ext. Fax: 214-653-6001
Email: brivera@dallascourts.org
Page 4 of 11
IX. Trial Court and Record - Continued
Reporter’s or Recorder’s Record
Is there a Reporter’s Record? Yes No
Was Reporter’s Record requested? Yes No
If yes, date requested: June 24, 2019
If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Court Reporter Court Recorder
Official Substitute Official Substitute
Name: Diane Robert Name:
Address 1: 600 COMMERCE STREET Address 1:
Address 2: BOX 540 Address 2:
City/State/Zip: Dallas TX 75202 City/State/Zip:
Tel. 214.653.7298 Ext. Fax: Tel. Ext. Fax:
Email: Email:
X. Supersedeas Bond
Supersedeas bond filed? Yes No
If yes, date filed:
If no, 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:
Page 5 of 11
XII. Alternative Dispute Resolution/Mediation
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No
If no, please specify:
Has this case been through an ADR procedure? Yes No
If yes, who was the mediator? Lewis Sifford
What type of ADR procedure? Mediation
At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of Case? Contract
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):
Whether there was a fact issue as to whether the parties had agreed to arbitrate (de novo);
whether there was a fact issue as to whether there was an agreement by Hallf to defend and
indemnify HKS/WS (de novo); whether evidence supported award of atty's fees (suffi ficiency).
How was the case disposed of? Merits issues via 2 MSJs; Attorney's Fees via bench trial
Summary of relief granted, including amount of money judgment, and if any, damages awarded.
If money judgment, what was the amount? Actual damages: 0.00
Punitive (or similar) damages: 0.00
Attorney’s fees (trial): 88,100
Attorney’s fees (appellate): 0.00
Other: Declaratory Judgment
If other, please specify: Declaration of no agreement to arbitrate & no duty to defend/indemnify
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:
Page 6 of 11
XII. Alternative Dispute Resolution/Mediation - Continued
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
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 the name, address, telephone, fax, and email address:
Name:
Address:
Telephone: Ext.
Fax:
Email:
Languages other than English in which the mediator should be proficient:
Name of the person filling out mediation section of docketing statement:
James McCorquodale
XIII. Related Matters
List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style.
Court: 5 Docket: 05-19-00167-CV
Style: HKS/WS, A JOINT VENTURE
Vs. HALFF ASSOCIATES, INC.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Page 7 of 11
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court 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 http://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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that
Statement, 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 a Statement of Inability to Pay Court Costs 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 a Statement 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).
Page 8 of 11
XV. Signature
June 24, 2019
Signature of counsel (or Pro Se Party) Date
James A. McCorquodale 13464900
Printed Name State Bar No.
/s/ James A. McCorquodale James A. McCorquodale
Electronic Signature (Optional) Name
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:
/s/ James A. McCorquodale
Signature of counsel (or Pro Se Party) Electronic Signature (Optional)
13464900
State Bar No.
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 the attorney.
Page 9 of 11
Please enter the following for each person served:
Date Served: June 24, 2019 Date Served:
Manner Served: Email Manner Served: Select
Name: Grant Gealy Name:
Bar No. 07784700 Bar No.
Firm/Agency: MILLS SHIRLEY L.L.P. Firm/Agency:
Address 1: 3 Riverway, Suite 670 Address 1:
Address 2: Address 2:
City/State/Zip: Houston, Texas 77056 City/State/Zip:
Tel. 713.225.0547 Ext. Fax: 866.674.7808 Tel. Ext. Fax:
Email: ggealy@millsshirley.com Email:
Party: Halff Associates, Inc. Party:
Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Bar No. Bar No.
Firm/Agency: Firm/Agency:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email: Email:
Party: Party:
Date Served:
Manner Served: Select
Name:
Bar No.
Firm/Agency:
Address 1:
Address 2:
City/State/Zip:
Tel. Ext. Fax:
Email:
Party:
Page 10 of 11
Please enter the following for each person served that is not an attorney for a party:
Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:
Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:
Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:
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Page 11 of 11