Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/1/2015 4:41:30 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00346-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/1/2015 12:00:00 AM Appellate Docket Number: Ol-lS..00346-CV CHRISTOPHER PRINE CLERK Araceli Zapata, et al. Appellate Case Style:

Vs. Clear Creek Ind. Sch. Dist.

Companion Case No.: DOCKETING STATEMENT (Civil)

Amended/corrected statement: Appellate Court: 1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant

~ Person D Organization (choose one) t8] Lead Attorney

First Name: Marlr First Name: Araceli Middle Name: Last Name:

Middle Name: Suffix:

Last Name: Zapata Law Firrn Name: Law Oftic:a ol AAK.

Suffix:

ProSe: 0 P.O.BmlllDI Address 1:

Address 2: Tc:nsCily Zip+4: 'nS92-l201 State: Tens Telephone: 281-402-6780 Email: markaronowitz@hotmail.com SBN: 00793281 IL Appellant Attoraey(s) I. Appellant

t8] Person D Organization (choose one) t8] Lead Attorney

First Name: MarK Carmen Middle Name: Last Name: Aronowitz Middle Name: Gloria Suffix:

Last Name: Veljanovich Law Firm Name: Law Offices of A&K P.O. Box: Address l:

Pro Se: Q

I

City: Texas City State: Texas Zip+4: 77S92-1201 Telephone: 281-402-67&0 ext. 281-715-4284 Fax: Email: markaronowitz@hotmail.com SBN: 00793281 I. Appellant IL Appellant Attorney(s)

0 Person 0 Lead Attorney IX! Organization (choose one)

Organization Name: Veljaco Corp. First Name: Mark

First Name: Middle Name: Last Name: Aronowitz

Middle Name:

Last Name: Suffix: Law Firm Name: Law OfficesDfA&1C

Suffix:

Pro Se: 0 Address I: P.O. Box 1201

Address 2: City: Texas City State: Texas Zip+4: 77592-1201 281-402-67&0 Telephone: ext. Fax: 211-715-4284 Email: marbronowitz@hotmail.com SBN: 00793211 BL Appellee IV. Appellee Attomey(s)

0 Person C8] Lead Attorney IX!Organization (choose one)

Organization Name: Oear Creek Ind/ Sch. Dist. Elizabeth First Name:

First Name: Middle Name:

Middle Name: jLast Name: Wieble-Wang

Last Name: Suffix: Law Firm Name: Perdue, Brandon. Fielder, Collins 8t. Mott. LLP

Pro Se: Q Address I: 1235 North Loop West Suite600 Houston

State: Texas Zip+4: 77008 Telephone: 713-162-1860 Email: PBFCM-Houston@pbfan.com SBN: BL Appellee IV. Appellee Attorney(s) Person l2J Lead Attorney IX!Organization (choose one)

Organization Name: Harris County Herbert

First Name: Middle Name: A.

Middle Name: Stone Last Name:

Last Name: Suffix: ill. Law Finn Name: Linebarger Ooggan Blair & Sampson, LLP

Suffix:

Pro Se: Q 4828 Loop Central Drive Address 1:

Address 2: Suite600 Houston City: State: Texas Zip+4: 77081 Telephone: 713-844-3400 ext. Fax: 713-844-3501 Email: berbert.stone@lgbs.com SBN: 24041980 m. Appellee IV.· AppelleeAttoniey(s) Person 12] Lead Attorney l2]0rgani7.ation (choose one)

Organization Name: City of Webster First Name: Herbert Middle Name: A. I Last Name:

Middle Name: Stone !suffix: m.

Last Name: Law Finn Name: Linebarget Goggan Blair Sampson, LLP

Pro Se: Q 4821 Loop Central Drive Address 1: Suite 600 Houston

State: Texas Zip+4: 77081 Telephone: 713-844-3400 Email: berbert.stone@lgbs.com SBN: *4

V. Perfection Of Appeal And Jqrisdietion

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

Date order or judgment signed: March 2, 2015 Type of judgment: Bench Trial

Date notice of appeal filed in trial court: April 16,

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

Interlocutory appeal ofappealable order: 0 Yes jg! No

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): 0 Yes jg! 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): 0Yes ~No 0Yes jg! No

Permissive? (See TRAP 28.3):

If yes, please specify statutory or other basis for such status: 0 Yes~ No

Agreed? (See TRAP 28.2):

If yes, please specify statutory or other basis for such status: 0Yes 181 No

Appeal should receive precedence, preference, or priority under statute or rule: yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? ~ Yes 0 No

Judgment or order disposes of all parties and issues: ~ Yes 0No

Appeal from final judgment: 0 Yes 0No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? 0 Yes ~No

VL Actions Extending Time To Perfect Appeal 0Yes 181 No

Motion for New Trial: If yes, date filed: 0Yes 181 No

Motion to Modify Judgment: If yes, date filed: 0 Yes 181 No

Request for Findings of Fact If yes, date filed: and Conclusions of Law: QYes 181 No yes, date filed: Motion to Reinstate: 0 Yes yes, date filed:

Motion under TRCP 306a:

Other: 0Yes ~No other, please specify:

VIL lndigency Of Party: (Attach &le-stamped copy of affidavit, and extension motion if filed.) *5 0 Yes jg! No If yes, date filed:

Affidavit filed in trial court: 0Yes 0No yes, date filed:

Contest filed in trial court:

Date ruling on contest due:

Ruling on contest: 0 Sustained 0 Overruled Date of ruling:

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VIlL Bankruptcy 0Yes IX! No

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: 165th Judicial District Clerk's Record:

County: Harris IX! District D County Trial Court Clerk: IX! Yes D No

Trial Court Docket Number (Cause No.): Z013-0492S Was clerk's record requested? yes, date requested: May 18, 2015

Trial Judge (who tried or disposed of case): no, date it will be requested: Eli7.abeth Were payment arrangements made with clerk?

Middle Name: IZ!Yes QNo 0Indigent

Last Name: Ray (Note: No request required under TRAP 34.S(a),(b))

Address l: 201 Caroline Street

Address 2: 12th Floor Houston

State: Texas Zip+ 4: 77002

Telephone: 713-368--6270

Email:

Reporter's or Recorder's Record: IZ!Yes D

Is there a reporter's record?

Was reporter's record requested? IZ!Yes 0No

Was there a reporter's record electronically recorded? D Yes [gl No

If yes, date requested: May 18, 2015

If no, date it will be requested:

Were payment arrangements made with the court reporter/court recorder? [glYes O No Oindigent

[gl Court Reporter D Court Recorder IX! Substitute

D Official

First Name: Max

Middle Name: Eugene

Last Name: Sanders

Address I: P.O. Box Anahuac

State: Texas Zip + 4: 77514

Telephone:

Email: shericsr@msn.com

x. Supenecleas Bond

Supersedeas bond filed:[glYes D No yes, date filed:

Will file: D Yes IX!

XL Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DY es [gl No yes, briefly state the basis for your request:

XIl. Alternative Dispute Resolution/Mediation (Complete section if filing ia the 1st, ln~ 4th, Sth,. 6th,.~ 9da, 10th, 11th, 12th, 13th,

or 14th Court of Appeal)

Should this appeal be referred to mediation? D Yes [gl No no, please specify:The txaing authorities refuse to accept anything but full amount allegedly owed.

Has the case been through an ADR procedure? DY es [gl No 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 other, please specify:

Type of case?

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):

How was the case disposed of? Trial

Summary of relief granted, including amount of money judgment, and if any, damages awarded. 3,220.09 money judgment, what was the amount? Actual damages: $3,220.09

Punitive (or similar) damages: $0.00

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Attorney's fees (trial): $0.00

Attorney's fees (appellate): $0.00

Other: other, please specify:

Will you challenge this Court's jurisdiction? 0Yes ~No

Does judgment have language that one or more parties "take nothing"? D Yes ~ No

Does judgment have a Mother Hubbard clause? ~Yes D No

Other basis for finality?

Rate the complexity of the case (use I for least and 5 for most complex): D l ~ D 3 D 4 D gives D No

Please make my answer to the preceding questions known to other parties in this case.

Can the parties agree on an appellate mediator? D Yes ~ 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: Mark Aronowitz

XIU. 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.

·.

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. 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. 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. 0 Yes [gJ 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 ~ 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. you have not previously filed an affidavit oflndigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of 181 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 internet at http://aspe.hhs.gov/poverty/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes [gj 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 http: wwv>.tex-app.orn:. 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 May 31, 2015

Signature of counsel (or pro se party) Date:

Printed Name: Mark.Aronowitz State Bar No.: 00793281

Electronic Signature: Isl Mark Aronowitz (Optional)

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 J~J~"'~'.

Signature of counsel (or prose party) Electronic Signature: /slM.t, Atcwlowitz

(Optional) State Bar No.: 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) ifthe person served is a party's attorney, the name of the party represented by that attorney Please enter the following for each person served: June l, 2015

Date Served:

Manner Served: e8erved

Middle Name: Stone

Last Name:

Suffix: ID.

Law Firm Name: Linebarger, ~Blair~· ~LLP

Address 1: 48211..oop~~ Suite600

Address 2:

City:

State Texas Zip+4: 770ti ext.

Telephone:

Fax: 71J..84.4.,3S01

Email: ~.corn Attorney, Representing Party's Name: Hanis ColJntJ..:CitJ:,ofWebster

Please enter the following for each person served:

Date Served: June 1, 2015

Manner Served: e8erved Elizabeth

Middle Name:

Last Name: Wiehle-Wang

Law Firm Name: Perdue. Brandon, Fielder, Collins & Mott. LLP 1235 North Loop West

Address 1: Suit.e600 Houston Zip+4:

State Texas 713-862-1860

Telephone:

Email: PBFCM-Houston@pbfcm.com Attorney, Representing Party's Name: Clear Creek Ind. Sch. Dist.