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Rita Lemons v. Don TrustClaire, Don Blake, Carlos Pena, Noe Gomez, Latecia Gomez, Berthel Martinez, and Estate of Leroy Lemons
01-15-00899-CV
| Tex. App. | Oct 29, 2015
|
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Case Information

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611520897

Appellate Docket Number: 14-DCY-213790 App-16a01-1500 Appellate Case Style: ***For Civil Appeals, see Section X for information about the Pro Bono Program sponsored and administered by the Pro Bono Committees of the Appellate Practice Sections of the State Bar of Texas and the Houston Bar Association.

FILED IN 15T COURT OF APPEALS HOUSTON, TEXAS DOCKETING STATEMENT (CIVIL) Fourteenth Court of Appeals [to be filed in the court of appeals upon perfection of appeal under TRAP 32] DCT 282015 CHRISTOPHER A. APHINE I. Parties (TRAP 32.1(a), (e)):

Appellant(s): Rita kemons 16215 Diamond Ridge Dr. Houston, 78.77053

(See note at bottom of page)

Attorney (lead appellate counsel):

A A A S

Address (lead counsel):

N/14

Telephone: (include area code) 281) 907-2732

Telecopy: (include area code) Jikeh. ConseyHta Yabae.com SBN (lead counsel):

Appellee(s) Don TrustCl aue 12600 Dunlap Aphe 888 Houston, 7177485 Nae f la tecia comer and Beriend Hastries 16526 Boos Gaston Sugar lard, 78.77498, Don Bilath 16536 Boos Gaston, RS Sugarland, 78. 19498, Diststerta 16504 Sugarland, 7877498 (See note at bottom of page) heltra lemanestate Attorney (lead appellate counsel, if known; if not, then trial counsel):

A A A S

Address (lead appellate counsel, if known; if not, then trial counsel):

N/14

Telephone: (include area code) 281) 907-2732

Telecopy: (include area code) Jikeh. ConseyHta Yabae.com SBN (lead counsel):

If not represented by counsel, provide appellant's/appellee's address, telephone number, and telecopy number. On Attachment 1, or a separate attachment if needed, list the same information stated above for any additional parties to the trial court's judgment.

*2 II. Perfection Of Appeal And Jurisdiction (TRAP 32.1(b), (c), (g), (j)):

*3 | Request for Findings of Fact and
Conclusions of Law | No ∅
Thad not | Yes ◻ | | | :-- | :-- | :-- | :-- | | Motion to Reinstate | No ◻ | Yes ◻ | | | Motion under TRCP 306a | No ◻ | Yes ◻ | | | Other (specify): | No ◻ | Yes ◻ | | | IV. Indigency Of Party (TRAP 32.1(k)): (Attach file-stamped copy of affidavit) | | | | | Event | Filed
Check as appropriate | Date | N/A | | Affidavit filed | No ◻ | Yes ◻ | | | Contest filed | No ◻ | Yes ◻ | | | Date ruling on contest due: | | | | | Ruling on contest:
Sustained Overruled ◻ | | | | | V. Bankruptcy (TRAP 8):
Will the appeal be stayed by bankruptcy? | | | | | Name of bankruptcy court: | | | |

Style of bankruptcy case: VI. Trial Court And Record (TRAP 32.1(c), (h), (i)):

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| (include area code) | | (include area code) | | :--: | :--: | :--: | | Telecopy Number:
(include area code)
Address: | | Telecopy Number:
(include area code)
Address: | | Clerk's Record
Yes I hane
Requeated d | Sworn copy for accelerated appeal
Yes ◻
(See TRAP 28.3) | Will request ◻
(Note: No request required under TRAP 34.5(a), (b)) | Was requested on: | | Court Reporter or Court Recorder: I don't
K nowrall let Ms. with
lles one on a few of the hearmin
Telephone Number:
(include area code) | | Court Reporter or Court Recorder:
Telephone Number:
(include area code) | | Telecopy Number:
(include area code) | | Telecopy Number:
(include area code) | | Address: | | Address: |

(Attach additional sheet if necessary for additional court reporters/recorders)

VII. Nature Of The Case (TRAP 32.1(f))

(Subject matter or type of case: E.g., personal injury, breach of contract, workers' compensation, condemnation, DTPA, employment/labor, family code, juvenile, malpractice, probate, UCC, tax, pil &; gas, real property or temporary injunction): Treapass of Ti lls, Fraud 8 Reparativer Dreach of Con had.

*5 X. Pro Bono Program:













































The Pro Bono Committees of the Appellate Practice Sections of the State Bar of Texas and the Houston Bar Association are participating in a Pro Bono Program to place a limited number of civil appeals with appellate counsel who will represent the appellant/appellee in the appeal before the Fourteenth 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. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet 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-appellate.htm. 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 a Listserv to its pool of volunteer appellate attorneys.

  1. Do you want this case to be considered for inclusion in the Pro Bono Program?

  2. 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? 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.

Yes ◻ No ◻

  1. If you have not previously filed an affidavit of indigency and attached a file-stamped copy of that affidavit, does your income exceed 200 % of 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

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http://aspe.hhs.gov/poverty/06poverty.shtml.

Yes ◻ No ◻ 4. Are you willing to disclose your financial circumstances to the Pro Bono Committee? If so, please attach an Affidavit of Indigency completed and executed by the appellant. Sample forms are 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-appellate.htm. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.

Yes ∅ No ◻ 5. 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). I handed Sedge bug my Affidavit of Due Diligence and Sevice on Porn Thustbasis daging the adthal rearine levice condpeted on June 02, 2015 I filled my det. 8 Sent to all parties but Don Trustebave in Hanilo, 2014 (edition) is 14 - DKV-213730 XI. Alternative Dispute Resolution/Mediation (if applicable) (As of 8/19/97, these programs exist in the 1st (Houston), 3rd (Austin), 4th (San Antonio), 5th (Dallas), 9th (Beaumont), 13th (Corpus Christi), and 14th (Houston)). (Use additional sheets, if necessary).

  1. Should this appeal be referred to mediation? If not, why not. Not Sure lugth apppears that someof the Parties I have been dealiis with have a lot of authority? Ihave not ceclored ten resolves because of their money's power.
  2. Has the case been through an ADR procedure in the trial court? If yes, answer the following: a. Who was the mediator? b. What type of ADR procedure? c. At what stage did the case go through ADR? (Specify pre-trial, trial, post-trial, other) d. Rate the case for complexity. Use 1 for the least complex and 5 for the most complex. Circle one.

1 2 3 4 5 e. Can the parties agree on an appellate mediator? If yes, give name, address, and telephone and telecopy numbers (with area codes).

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XIV. Signature: 1 Signature of counsel (or pro se party) State: 1012512015 State Bar No.:

Printed Name: Rita Lemos

XV. 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 11 − 02 − 2015 2015 , 2015

(TRAP 9.5(e) requirements stated below; use additional sheets, if necessary) Note: 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 that attorney.

Case Details

Case Name: Rita Lemons v. Don TrustClaire, Don Blake, Carlos Pena, Noe Gomez, Latecia Gomez, Berthel Martinez, and Estate of Leroy Lemons
Court Name: Court of Appeals of Texas
Date Published: Oct 29, 2015
Docket Number: 01-15-00899-CV
Court Abbreviation: Tex. App.
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