Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/26/2015 10:15:43 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00117-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/26/2015 10:15:43 AM Appellate Docket Number: Ol-15-00117-CV CHRISTOPHER PRINE CLERK

Appellate Case Style: League City

Vs, ':rexa~ WindstbnTI Insurance Association

Companion Case No,:

DOCKETING STATEMENT (Civil) Amended/corrected statement:

Appellate Court: ,lstCourt of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) . Appclla'nt Attol'ney(s) I. Appellant o Person IX] Organization (choose one) IX] Lead Attorney

Organization Name: LeagjlJe City First Name: Jelmifer Middle Name: Bnlch

First Name: Last Name: Hogan

Middle Name: Suffix:

Last Name: Law Firm Name: tIoga'n & Hogan

Suffix:

Pro Se: 0 Address 1: J?elmzoil Place 71t Louisiana; Suite 500

Address 2: Houston Zip+4: 77002' j 13-222~8800 . ext. ' jnbgan@hoganflrm,coin·· SBN: I. Appellant II. o Lead Attorney

Person Organization (choose one) First Name: Ri~hai'l:l Middle Name: ]5; Last Name: Hogail Middle Name: Suffix: Jr.

Last Name: Law Firm Name: Hogan & Hogan

Pro Se: Pcnllzoil Place .. 111 Louisi1\na, Sllite 500 Page 1 of 11 *2 City: Houston State: Texas· Telephone: 713.222 .. 8800 ext. Fax: 713.222.8810 Email: rhogal1@hoganfini1 .. c01l1 SBN: 09~S02010 II. Appellant Aftorney(s) I. Appellant

D Person D Organization (choose one) D Lead Attorney

First Name: Gregory First Name: Middle Name: F; Cox Last Name:

Middle Name: Suffix:

Last Name: Law Firm Name: The Mostyn Law Firnl

Suffix:

Pro Se: 0 1: 6280 Delaware Street 13eaumont

City: Zip+4: rn706 Telephone: 4b9.832.2777 ext. Fax: 409.832.2703 Email:gfccix@mostynlaw.com. SBN: 00793561 ..

n. I .. Appellant

D Pcrson D Organization (choose one) D Lead Attorney

First Name: Rene Middle Name: Mi Last Name: Sigman Middle Name: Suffix:

Last Name: Law Firm Name: ,;[,heMostyn Law Firm

Pro Se: 0 Address] : 5810 W. Alabama

Address Houston Zip+4: 77027 State: Texa~ 713.861.6616 l.111Sigman@niostynlaw.c01l1 SBN: Page 2 of *3 n. Appellant Attorney(s) T. Appellant o Person Organization (choose one) o Lead Attorney

First Name: Randal.

First Name: Middle Name: G. Last Name: Cashiola

Middle Name:

Last Name: Suffix: Law Firm Name: Cashiola &Bean

Suffix:

Pro Se: 0 Address 1: 2090 Broadway Street, Suite A

Address 2: City: Bealrmcint State: Texas Zip+4: 77101. Telephone: 409.813.1443 ext. Fax: 409.813.1467 rcashiola@cashiolabeanlaw.col11 SBN: 03966802 IV.·· Appell~c Aottorficy(s) o Person lZl Organization ( choose one) lZl Lead Attorney First Name: Dale

Organization Name: Texas Windstorm Insui'mlce Association

First Name: Middle Name:

Middle Name: Last Name: Wainwright

Last Name: Suffix:

Suffix: Law Finn Name: Eracewell & Giuliahi LLP

Pro Se: :tTl Louisiana Street,Sllite 2300 Bouston Zip+4: ']7002 713.2232300

Email: dale.wainwright@bgllp.col11 SBN: III. Appellee o Person DOrganization (choose one) o Lead Attorney

First Name: Andrew Middle Name: T. Last Name: McKinney Middle Name:

Last Name: III. *4 Law Firm Name: LITCHFIELD CA VO LLP Suffix:

Pro Se: 0 OlleRivt;fWay, SU.ite 1 000 I:

Address 2: City: Houston State: Texas Zip+4: 77056 Telephone: 713.418.2000. ext. Fax: Email: mckinney@litchfieldcs,vo.COlli SBN: 1371680'0 nr.Appellee IV. Appelletl AttorneY(s)'

D Lead Attorney D Person DOrganization (choose one)

First Name: Jiniii,es Middle Name: R. Middle Name: Last Name: Old

Last Name: Suffix: Jr; Law Firm Name: Jay:,Old &Associates;PLLC

Pro Se: i615 Calder Avenue, Suite· 720 • Address 1: Beaumont . Zip+4: 77702 409~241-7252 409~419-1733 jay;old@jroldlaw.com

SBN: *5

V.Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Other

Date order or judgment signed: Noveli:iber 13, 2014 Type of judgment: J'uryTriaJ

Date notice of appeal filed in trial court: Febr(~ary6, 201$

If mailed to the trial court clerk, also give the date mailed:

Interlocutory appeal of appealable order: DYes fZl No

[I' yes, please specify statl1tory or other basis on which interlocutory order is appealable (See TRAP 28): DYes fZl No

Accelerated appeal (See TRAP 28):

If yes, please specify statutory or other basis on which appeal is accelerated: ' , ' " ,e ' , '

Parental Termination or Child Protection? (See TRAP 28.4): DYes ~No DYes fZl No

Permissive? (See TRAP 28.3):

If yes, please specify statutory or other basis for such status: DYes fZl No

Agreed? (See TRAP 28.2):

Tfyes, please specify statutory or other basis for such status: DYes fZl No

Appeal should reeeive prccedence, preference, or priority under statute or rule:

If yes, please specify statutory or other basis for such status:

Docs this case involve an amount under $1 OO,OOO? DYes IZl No

Judgment or order disposes of all parties and issues: fZl Yes DNo

Appeal from final judgment: fZl Yes D No

Does the appeal involve the eonstitutionality or the validity of a statute, rule, or ordinance? DYes IZlNo

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: If yes, date filed: Noveinber14,2014 fZlYes DNa

Motion to Modify Judgment: I f yes, date filed: DYes DNo

Request for Findings of Fact Yes No I f yes, date filed: . and Conclusions of Law: I I' yes, date fi led: DYes DNo Motion to Reinstate: [J Yes No If yes, date filed: Motion under TRCP 306a:

Other: fZl Yes DNo

Ifother, please specify: Motion to Disregard Certain Jury Findings and Render Judgment on Remaining Findings

VIJ. Indlgency OfPal'ty:(Attacll flte-stlimpedcopyof affidavit, and extension motion if filed.)

Yes IZl No If yes, date filed: Affidavit filed in trial courl: DYes [1' yes, date filed:

Contest filed in trial court:

Date ruling on contest due:

Rul ing on contest: D Sustained D Overruled Date of ruling: *6 VIII. Banl<ruptcy

I-las any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes IZI No

If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

.. .. Court: 10th District Court Clerk's Record:

County: Galveston IZI District 0 County Trial Court Cleric IZI Yes 0 No

Trial Court Docket Number (Cause No.): 12~CVc0053 Was clerk's record requested? If yes, date requested: Febmary16,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: .Kerry Were payment arrangements made with clerk? IZIYes ONo 0 Indigent

Middle Name: 1. Neves

Last Name: (Note: No request "cquircd undcr TRAP 34.5(a),(b)) 600 59th Street, Suite 4305

Address 1:

Address 2 : Galveston Zip + 4:

Telephone: 409'.766.2230

Reporter's or Recorder's Record: IZIYes No

Is there a reporter's record?

Was reporter's record requested? IZIYes ONo Yes [S]

Was there a reporter's record electronically recorded?

If yes, date requested: February16, 2015

Ifno, date it will be requested:

Were payment arrangcments made with the court reporter/court rccorder? IZIYes No OIndigent Page 6 of *7 IZl Court Reporter D Court Recorder

IZl Official D Substitute Gail

Middle Name:

Last Name: Jahtfka

Address I: 10th Judicial District Court 59thStrect Suite 4305 Galveston Zip + 4: 17551

Telephone: 409.766.2230

Email: gaH.jalutka@co.galveston.tx;us

X. Supersedeas Bond

Supersedeas bond filed: DYes IZl No If yes, date filed:

Will file: Yes IZl No

~I.. Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) fr0111 this Court? DYes IZl No

Tfyes, briefly state the basis for your request:

XII; Alternative Dispute Resolution/MediuJion (Complete seetiori inmnglilthelsf,2nd,4th, 5th,6Ht, Sth, 9th;10tn,lltli, 12th, 13th,· or 14th Court of Appeul) . . . . .

Should this appeal be refcrred to mediation? IZl Yes D No

Ifno, please specify:

Has the case been through an ADR procedure? DYes IZl

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? Contract and Insurance Code Claims

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 the trial court correctly disregarded the jury's coritract and Insurance Code findings and rendered judgment in favor of TWIA.

How was the case disposed of? Trial

Summary of relief granted, including amount of money judgment, and if any, damages awarded. Tako·nothing mov

If money judgment, what was the amount? Actual damages: $0.00

Punitive (or similar) damages: $0,00 Page 7 of *8 Attorney's fees (trial): $0.00

Attorney's fees (appellate): $0.00

Other: $23,187.32

If other, please specify: Court costs assessed against teague City

Will you challenge this Court's jurisdiction? DYes !XI No

Does judgment have language that one or 1110re parties "take nothing"? !XI Yes D No

Does judgment have a Mother Hubbard clause'? !XIYes

Other basis for finality?

Rate the complexity of the case (use I for least and 5 for 1110st complex): D ID 2 D 3 !XI 4 D 5

Please make my answer to the preceding questions known to other parties in this case. !XIYes D No

Can the parties agree on an appellate mediator? !XI Yes D 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: None

Name of person filing out mediation section of docketing statement: Jelmifer Bruch Hogan

XIII. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Trial Court: ,Frrstcourt of Appeals

Docket Number: 01~13-00866-CV

Style: In re TexasWilldstornlInsurance Association

VS.

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: 01-14-00318-CV Trial Court: First Court of Appeals

Style: In 1'e texas Windstomllnsurance Association

VS. Page 8 of *9 XIV .. Pro Bono Program: (Complete section if' filing in the 1st, 3rd, 5th, 01' 14thCouI'ts 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 plaec 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 inthe Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at

www.tex-app.org. Tfyour case is selected and matched with a volunteer lawyer, you will receive a letter fro111 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 foJ' possible inclusion in the Pro Bono Program, the Pro Bono Committee will select

your case and that pro bono counsel can bc found to represent YOl!o 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

infom1ation about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate

attorneys. Yes IZl No 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 this matter to answer questions the committee may have regarding the appeal? 0 Yes 0 No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for

the pUJ'poses of considering the case fo], inelusion in the Pro Bono Program.

rfyou have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, docs your income exceed 200% of 0 Yes 0 No 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 intemet at httn_;!!J!~nl::.,blltU~QY!n_Q.YliI!:Y!it6p'oy.liJ:t:uill1JI!l.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes

If yes, please attach an Affidavit oflndigel1cy completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's

Office or on the internet at hJ1J,1.:iL',YY:{\YJ.QX:HPp,.m:g. Your participation in the Pro B0110 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, ifnecessary).

XV. Signature

Date: February 26, 2015 Printed Name: Jennifer Bruch Hogan State BarNo.:

Electronic Signature: Is! Jennifer Bruch Hogan

(Optional) *10 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 Febnmry26,2015

Electronic Signature: /s/ Jennifer Bruch Hogan (Optional) State Bar No.: 03239100 Person Served

Certificate of Service Requirements (TRAP 9.S(e)): A certificate of service must be signed by the person who made the service and must

state:

(l) 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: February 26,2015

Manner Served: eSetved b.ale

Middle Name:

Last Name: Wainwright

Law Firm Name: Bracewell & Giuliani LLP 711 Louisiana Street, Suite 2300 I: H()uston Zip+4: 7.7002

State Texas 713.223.2300

Email: dale.wainwright@bgllp.col11

If Attorney, Representing Party's Name: Texas Windstorm Insurance Association

Please enter the following for each person served: *11 Date Served: l'lebmary 26, 2015

Manner Served: eServed Andrew

Middle Name: T.

LaHt Name: McKinney

Law Firm Name: Litchfiled Cavo LLP One Riverway, S1:!ite.l 000

Address 1:

Address 2: Houston

City:

State Texas Zip-fA: 7705.6

Telephone: 713.418.2000 ext.

Fax: 713.418.2001

Email: mckinney@litchfieldcavo .. col'n

If Attorney, Representing Party's Name: Texas Windstorl11 Insunince Association

Please enter the following for each person served:

Date Served: Febmary 26, 2015

Manner Served: eServed James

First Name:

Middle Name: R.-

Last Name: Old·

Suffix: Jr.

Law Firm Name: Jay Old & Associates, PLLC 2615 Calder Avenue, Suite no BeaUll10flt

State Zip+4: 77702 Texas 409,241.7252 jay.old@jroldlaw.com

If Attorney, Representing Party's Name: Texas WindstorI11 Insurance Association Page 11 of 11