*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 8/3/2015 12:54:34 PM LISA MATZ Clerk *1 ACCEPTED 05-15-00897-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 8/3/2015 12:54:34 PM Appellate Docket Number: 05-15-00897-CV LISA MATZ CLERK Appellate Case Style: Riyaaz Tayob
Vs. Quarterspot. Inc.
Companion Case No.: DOCKETING STATEMENT (Civil)
Amended/ corrected statement: Appellate Court: 5th 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 0 Organization (choose one) 0 Lead Attorney
First Name: David First Name: Riyaaz Middle Name: Last Name: Gibson
Middle Name: Suffix:
Last Name: Tayob Law Firm Name: The Gibson Law Group
Suffix:
ProSe: 0 Address I : 3102 Maple A venue
Address 2: Suite400 Dallas Telephone: 214-800-2213 ext. Email: my.lawyer@sbcglobal.net SBN: 07861220 11. Appellant Attorney(s) I. Appellant
0 Person 0 Organization (choose one) ~ Lead Attorney
First Name: Susan Middle Name: Last Name: Taylor Middle Name: Suffix:
Last Name: Law Firm Name: The Gibson Law Group
ProSe: Address 1: 3102 Maple Avenue
Address 2: Page 1 of8 *2 City: Dallas State: Texas Zip+4: 75201-1261 Telephone: ext. Fax: 214-800-2214 Email: susan.durr.taylor@gmail.com SBN: 06287580 L Appellant II. Appellant Attonaey(s)
0 Person 0 Organization (choose one) 0 Lead Attorney
First Name: First Name: Middle Name: Last Name:
Middle Name: Suffix:
Last Name: Law Firm Name:
Suffix:
ProSe: 0 Address
Address 2: City: State: Texas Zip+4: Telephone: ext. Fax: Email: SBN: IV. Appellee Attomey(s) III. Appellee 1Zl Lead Attorney
0 Person IZ!Organization (choose one) First Name: Julianne
Organization Name: Quarterspot, Inc. Middle Name: Last Name: Nguyen
Middle Name:
Last Name: Suffix: Law Firm Name: Harrell, Pailet & Associates, P.C.
ProSe: 0 Address I: La Sierra Drive
Address 2: Dallas Telephone: 214-871-8710 ext. 103 Email: jnguyen@pailetpc.com SBN: *3 V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Contract
Date order or judgment signed: March 18,2015 Type of judgment: Bench Trial
Date notice of appeal filed in trial court: July 21, 2015
If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: D Yes IZJ No
If yes, please specifY statutory or other basis on which interlocutory order is appealable (See TRAP 28): DYes IZJ No
Accelerated appeal (See TRAP 28):
If yes, please specifY statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): DYes 1!/No DYes [gl No
Permissive? (See TRAP 28.3):
If yes, please specifY statutory or other basis for such status: DYes IZJ No
Agreed? (See TRAP 28.2):
If yes, please specifY statutory or other basis for such status: DYes [gl No
Appeal should receive precedence, preference, or priority under statute or rule:
If yes, please specifY statutory or other basis for such status:
Does this case involve an amount under $100,000? [gl Yes DNo
Judgment or order disposes of all parties and issues: IZJ Yes DNo IZJ Yes D No
Appeal from fmal judgment: IZJ Yes DNo
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?
VI. Aetions Extending Time To Perfect Appeal
[g!Yes 0 No If yes, date filed: May 27,2015 Motion for New Trial: DYes [gl No
Motion to ModifY Judgment: Ifyes, date filed: Request for Findings of Fact DYes [gl No If yes, date filed: and Conclusions of Law: IZJ No If yes, date filed: DYes
Motion to Reinstate: IZJ Yes D No If yes, date filed: May 27,2015 Motion under TRCP 306a: DYes [gl No
Other:
If other, please specifY:
VII. Indigency Of Party: (Attaeh file-stamped eopy of affidavit, and extension motion if filed.)
DYes [gl Ifyes, date filed: Affidavit filed in trial court: DYes DNo If yes, date filed:
Contest filed in trial court:
Date ruling on contest due: 0 Overruled
Ruling on contest: D Sustained Date of ruling: Page 3 of8 *4 VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes IZ] No
If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: County Court at Law No. 4 Clerk's Record:
County: Collin County Trial Court Clerk: D District IZJ County IZJ Yes D No
Trial Court Docket Number (Cause No.): 004..()0667-2015 Was clerk's record requested? If yes, date requested: July 31,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: David Were payment arrangements made with clerk?
Middle Name: D. DYes IZ]No Dindigent
LastName: Rippel (Note: No request required under TRAP 345(a),(b)) Bloomdale Road
Address 1:
Address McKinney ext. 3840
Telephone: 972-424-1460
Email:
Reporter's or Recorder's Record: IZ]Yes D No
Is there a reporter's record? IZ]Yes DNo
Was reporter's record requested?
Was there a reporter's record electronically recorded? DYes D No
If yes, date requested: July 31,
If no, date it will be requested:
Were payment arrangements made with the court reporter/court recorder? DYes IZj No Dindigent *5 0 Court Reporter 0 Court Recorder
[g/ Official 0 Substitute Claudia
Middle Name:
Last Name: Webb Address 1: 2100 Bloomdale Road
Address McKinney Zip+ 4: 75071-8318
Telephone: 972-548-3847 ext.
Email: cwebb2@collincountytx.gov
X. Supersedeas Bond
Supersedeas bond filed:0Yes [gj No If yes, date filed:
Will file: 0 Yes [g/ No
XI. Extraordinary Relief
Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? 0 Yes [gj No
If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4tb, Stb, Citb, 8tb, 9th, lOth, 11th, 12th, 13th,
or 14th Court of Appeal)
Should this appeal be referred to mediation? [g/ Yes 0 No
If no, please specify:
Has the case been through an ADR procedure? DYes [g/
If yes, who was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? 0Pre-Trial 0 Post-Trial 0 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):
Appellee obtained a default judgment against appellant in Virginia and then domesticated the foreign judgment in Texas. Appellant raises due process
issues on appeal.
How was the case disposed of? Other
Summary of relief granted, including amount of money judgment, and if any, damages awarded $22,000 actual damages plus attorney's fees and interest
If money judgment, what was the amount? Actual damages: $22,000.00
Punitive (or similar) damages: $0.00 *6 Attorney's fees (trial):
Attorney's fees (appellate):
Other:
If other, please specifY:
Will you challenge this Court's jurisdiction? DYes (gJ No
Does judgment have language that one or more parties "take nothing"? D Yes rgj No
Does judgment have a Mother Hubbard clause? DYes (gJ No
Other basis for finality?
Rate the complexity of the case (use 1 for least and for most complex): D 1 D 2 (gJ 3 D 4 D
Please make my answer to the preceding questions known to other parties in this case. (g]Yes D No
Can the parties agree on an appellate mediator? DYes (gJ
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: Susan Taylor
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. Page6 of8 *7 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, Sth, 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? D Yes ~
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? DYes D 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 oflndigency and attached a file-stamped copy ofthat affidavit, does your income exceed 200% of
the U.S. Department of Health and Human Services Federal Poverty Guidelines? DYes D No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at
Are you willing to disclose your fmancial circumstances to the Pro Bono Committee? DYes D No
If yes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's
Office or on the internet at . 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: August 2. 2015
Printed Name: Susan Taylor State Bar No.: 06287580
Electronic Signature: Susan Taylor (Optional) Page 7 of8 *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 August 2, 2015
Signature of counsel (or pro se party) Electronic Signature: Susan Taylor (Optional) State Bar No.: 06287580 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: August 2,
Manner Served: eServed Julianne
Middle Name:
Last Name: Nguyen
Law Firm Name: Harrell, Pailet & Associates, P.C. La Sierra Drive
Address
Address 2: Dallas
State Texas ext. 103
Telephone: 214-871..0070
Email: jnguyen@pailetpc.com
If Attorney, Representing Party's Name: Quarterspot, Inc.