Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 12/15/2015 11:43:38 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00998-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/15/2015 11:43:38 AM CHRISTOPHER PRINE CLERK x
FOURTEENTH COURT OF APPEALS CIVL APPEAL MEDIATION DOCKETING STATEMENT RETURN WITHIN 15 DAYS TO: CLERK, FOURTEENTH COURT OF APPEALS; 301 FANNIN, ROOM 245; HOUSTON, TEXAS 77002 tr**For Civil Appeals, see Section V about sponsored and administered by
, Pro Bono Committees Appellate Practice Sections of the State of Texas.and the Houston Bar
Association.
I. General Information: Appellate Cause No
Appellant(s):
Betzler Investments, LLC 14-15-00998-CV Trial Ct. Cause No.:
Appellee(s):
Lindstrom Cleaning & Construction, 10-cv-0990-A
Inc.
County: Quality Trusted Commercial Galveston
Construction & Roofing, Inc. Trial Court:
Other
l22nd Judicial District Court II. Timetable:
Appeal stayed bankruptcy. Date bankruptcy filed:
List: name bankruptcy court:
bankruptcy number:
style bankruptcy filing: .v [1]
UI. Jurisdiction:
V/ill you challenge this Noø Yes court's jurisdiction?
IV. Indigency Of Party (TRAP 32.1(k)): (Attach file-stamped copy of
affidavit) Filed
Event N/A Date Check as appropriate Noø ! Affidavit filed ¡
Contest filed
Date ruling on contest due:
Ruling on contest:
Sustained !
Overruled E
V. Pro Bono Pilot Program:
The Pro Bono Committees the Appellate Practice Sections the State Bar
Texas and the Houston Association are participating in a Pro Bono Program to
place a limited number civil appeals with appellate counsel who will represent the
appellant/appellee in the appeal before Fourteenth Court of Appeals.
The Pro Bono Committee is solely responsible screening selecting civil
cases inclusion in Pilot based upon number discretionary criteria,
including financial means the appellee. is selected the Committee,
and can be matched with appellate counsel, counsel will take over representation appellee without charging legal fees. More regarding program
can found Pro Pilot Program Pamphlet available paper form at the
Clerk's Office or on the Internet at http://www.tex-app.org and
http://www.hba.org/folder-sections/sec-appellate.htm. is selected and
matched with a volunteer lawyer, receive a letter from Bono Pilot
Committee within thirty (30) forty-five (45) days after submitting Docketing
08 29 623.v t
Statement.
NOTE: There is no guarantee that, if you submit your case for possible inclusion
in the Pro Bono Program, the Pro Committee 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.
1. Do you want to be considered for inclusion in the Pro Bono Pilot
Program?
Yesn
Noø If you answered "Yes" to Question V.1, then please answer the following questions
2. Do you authorize the Pro Bono Committee to contact your trial counsel of
record in matter to answer questions the committee may have regarding the
appeal? Please note that any such conversations would be maintained as confidential the Pro Bono Committee and used solely the purposes
considering the inclusion in Pro Bono Program. Non
3. have not previously filed an affidavit of indigency and attached a file-
stamped copy affidavit, does your income exceed 200% U.S.
Department Health and Human Services Federal Poverty Guidelines? These
guidelines can be found in Bono Program Pamphlet as well as on the Internet .shtml
at No Yes 4. Are you willing to disclose financial circumstances to the Pro Bono
Committee? so, please attach an Affidavit Indigency completed and executed by
the appellee. Forms may found the Clerk's Office or on Internet at
http://www.tex-app.org http://www.hba.org/folder-sections/sec-appellate.htm.
Your participation the Pro Bono Pilot may be conditioned upon your
execution an aff,rdavit under oath as to your financial circumstances. tl Give brief descri , relief be raised on
and the applicable standard review, if known (without prejudice to the right to raise
additional or request additional relief; use a separate attachment, if necessary).
Appellee does not seek review of the district court's rulings. To best
Appellee's knowledge, Appellant will challenge the sufficiency of the evidence to
support jury's verdict.
VI. AlternativeDisputeResolution/Mediation (ifapplicable)
Instructions: This information will be used conjunction with Rule 32.1
docketing statement to evaluate case for possible referral to an alternative dispute
resolution procedure . See Tnx. R. App. P. 32.1. The court not consider your
answers if case is submitted on the merits. Each party (except where noted) must
complete and file a completed docketing form in the Court Appeals after the appeal
is perfected.
Check Y yes or N no. Fill all blanks or check appropriate boxes.
1. Should case be referred to mediation? ¡ No EI (use additional
sheets if necessary) no, why?
This case was mediated prior to trial. During that mediation, Appellant failed to
make a legitimate settlement offer. After entry judgment against
Appellant, Appellant indicated it would make a settlement offer to allow
assessment whether mediation might productive, but Appellant has failed
to do so. Appellee's judgment totals nearly $5 million, but Appellant has posted supersedeas bond totaling only $441,955. Appellee believes mediation
would only delay jeopardize Appellant's ability to recover on its judgment.
(The court makes final decision regarding referral mediation) Has been through an ADR procedure in trial court? ø answered yes:
a. V/ho was the mediator? Nancy Houston
b. What type ADR procedure? Mediation
c. At what stage did the case go through ADR? 7'7 *5 post-trial other
Øpre-trial trial Rate for complexity. Use 1 least complex and 5 most complex. Check one:
tø2 E314 trs fl The on appeal are not complex.
VII. Signature:
Date: December 15,20t5 State No.: 24065578 Signature counsel
Printed Name: Amanda Kurz Smith Galloway, Johnson, Tompkins, Burr & Smith
Address 1301 McKinney Street, Suite 1400 Houston, Texas 770I0
Email Address : asmith@gallowayj ohnson.com
Telephone Number: (713) 599-0700
Facsimile Number: (713) 599-0777
Representing: Appellee Lindstrom Cleaning & Construction, Inc. [299] [7]
