John Hill & Faye H. Hill v. Lakes of Fondren Southwest

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: John Hill & Faye H. Hill v. Lakes of Fondren Southwest

Appellate case number: 01-16-00991-CV

Trial court case number: 2016-43324

Trial court: 151st District Court of Harris County

Appellants have not filed a docketing statement in this case. Accordingly, we direct
appellants to complete the form docketing statement attached to this order, and file it in this court
within 10 days of the date of this order.
Also attached to this order is a pamphlet describing the Houston Bar Association Pro
Bono Program. To be considered for this program, please complete Section XIV of the docketing
statement.
It is so ORDERED.

Judge’s signature: _/s/ Michael Massengale
 Acting individually  Acting for the Court

Date: May 25, 2017
 P RO BONO P ROGRAM
F OR C IVIL APPEALS

SPONSORED AND ADMINISTERED BY
T HE P RO BONO C OMMITTEES FOR
T HE STATE BAR OF T EXAS APPELLATE SECTION
AND

T HE H OUSTON BAR ASSOCIATION APPELLATE SECTION
IN THE

C OURT OF APPEALS FOR THE F IRST DISTRICT OF T EXAS

DECEMBER 2009
I. PRO BONO PROGRAM program. Even if you had paid counsel in

The State Bar of Texas Appellate the trial court, you can indicate your interest

Section Pro Bono Committee and the in seeking a pro bono attorney through this

Houston Bar Association’s Appellate Program if you can no longer afford an

Practice Section Pro Bono Committee (“Pro attorney to represent you on appeal.

Bono Committee”) are conducting a Pro PLEASE NOTE: There is no guarantee

Bono Program to place a limited number of that the Pro Bono Committee will select

civil appeals with appellate counsel who will your case for inclusion in the Program and

represent the appellant before the First that pro bono counsel can be found to

Court. The goal of the program is to match represent you. Accordingly, you should not

clients who are financially unable to obtain forego seeking other counsel to represent

legal representation with volunteer lawyers you in this proceeding.

who agree to serve without expectation of A. The Selection Process

compensation for their service. The Docketing Statement is one of

The Pro Bono Program is the first documents that you file when you

administered completely by the Pro Bono start an appeal. If you would like for your

Program Committee. The First Court of case to be considered for inclusion in the Pro

Appeals has no direct role in screening or Bono Program, Section X of the First Court

selecting cases for inclusion in the Program. of Appeals’ Docketing Statement includes a

If you lack the financial means to brief description of the Program along with

pay for an appellate attorney and indicate a list of questions for you to answer. After

your desire to be included in the Pro Bono you complete the Docketing Statement and

Program, as explained in this Pamphlet, you indicate interest in your case being

may be considered for participation in the considered for possible inclusion in the

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Program, a copy of your Docketing an attempt to find an appellate lawyer to

Statement will be forwarded to the Pro Bono take your case.

Committee for screening. To assist the The Pro Bono Committee screens

screening process, it is very important that and selects civil cases for inclusion in the

you fill out the Docketing Statement Program based upon a number of

carefully and completely so that the Pro discretionary criteria, including the financial

Bono Committee will have as much means of the appellant. The committee uses

information as possible when considering 200% of U.S. Poverty Guidelines as a

your appeal. benchmark for determining whether an

By filling out the request for appellant qualifies for free legal services.

consideration, you are agreeing that These guidelines are published by the U.S.

members of the Pro Bono Committee can Department of Health and Human Services, 1

contact the counsel of record in the trial and the following chart sets forth the

court to ask for clarification of questions or relevant numbers:

issues as to your case. These conversations Persons in 200% of
Family or Federal Poverty
will be kept confidential to the extent Household Guidelines
1 $19,600.00
permitted by law and used solely for 2 $26,400.00
3 $33,200.00
purposes of the committee’s selection 4 $40,000.00
5 $46,800.00
process. You are also authorizing the Pro 6 $53,600.00
7 $60,400.00
Bono Committee to transmit basic, publicly 8 $67,200.00
available, facts about your case via the

Internet to its pool of volunteer lawyers in
1
Federal Register, Vol. 71, No. 15, January
24, 2006, pp. 3848-3849, available at
http://aspe.hhs.gov/poverty/06poverty.shtml.

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 If you have not already submitted an receive a letter from the Committee within

affidavit of indigence in the trial court, you approximately 30-40 days of submitting

may be asked to submit financial your Docketing Statement notifying you of

information as a condition of your the match.

participation in the Pro Bono Program. B. The Attorneys

Although your ability to pay for legal The Pro Bono Committee has

counsel is not the only factor the Pro Bono undertaken a substantial recruiting effort to

Committee evaluates for participation in the enlist pro bono appellate lawyers willing to

Pro Bono Program, it is nonetheless a volunteer their time to take on cases selected

significant factor in the committee’s for inclusion in the Program, as well as other

decision-making process. specialty pro bono programs that the

There are a number of other factors committee is sponsoring. We have inquired

that the Pro Bono Committee considers in to find out the particular areas of interest and

deciding whether to place an appeal in the expertise of our volunteers so that we can be

Program, including the number of appeals in a position to make appropriate matches

currently in the program, the number of between cases and volunteer attorneys

available volunteer lawyers, and the issues according to their areas of interest,

presented. Based upon a review of these experience, and availability.

and other factors, the Pro Bono Committee C. Placement of Cases in the
Program
makes a recommendation for each case. If
When an appeal is identified by the
the Committee recommends that a case be
Pro Bono Committee as a candidate for the
included in the Program and a volunteer
Program, the committee provides limited
lawyer agrees to take the case, you will
information regarding the case, such as the

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nature of the case, issues on appeal, the representation of you in the appeal without

status of appellate proceedings, and any charging legal fees.

impending deadlines, and solicits volunteers D. Representation in the
Appeal
to take the case. Based upon the responses,
If a volunteer lawyer is matched with
the Pro Bono Committee will make an
your case through the Program, that lawyer
appropriate match.
will be your lawyer in handling the appeal
If your case is chosen and counsel is
on your behalf in the First Court of Appeals
located, the Committee will send you a letter
from that point forward. He or she will
advising you of the match, providing contact
prepare the briefs and any necessary motions
information for your pro bono attorney and
and present oral argument to the Court of
advising you that you have 14 days to object
Appeals if argument is ordered.
if you do not want this attorney to represent
The scope of the representation is
you. If you do object, you need simply
limited to the appeal in the First Court of
notify the Committee in writing. You need
Appeals and terminates once those
not indicate your reasons for objecting, but
proceedings are concluded—typically after
there is, of course, no guarantee that the
the opinion issues, or the Court rules on any
Committee will be able to find replacement
timely filed motions for rehearing. If you
counsel.
are unsuccessful in the First Court of
Assuming you do not object to the
Appeals, but desire to go forward to the
volunteer attorney within 14 days of
Texas Supreme Court, you will need to
receiving the Committee’s letter, that
make other arrangements for representation
attorney will undertake further
in that court, unless your Pro Bono counsel

agrees in writing to undertake the further

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representation. Please be advised that the

Pro Bono Committee has a program with the

Texas Supreme Court, although the

procedures and requirements for that

program necessarily differ from this one.

II. ADDITIONAL INFORMATION

Additional information about the pro

bono appellate programs is available at the

State Bar of Texas Appellate Pro Bono

website, http://www.tex-

app.org/probono.php and the Houston Bar

Association Appellate Section website,

http://www.hba.org/folder-sections/sec-

apellate.htm.

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