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Betzler Investments, Inc. v. Lindstrom Cleaning and Construction, Inc.
14-15-00998-CV
| Tex. App. | Dec 15, 2015
|
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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]

Case Details

Case Name: Betzler Investments, Inc. v. Lindstrom Cleaning and Construction, Inc.
Court Name: Court of Appeals of Texas
Date Published: Dec 15, 2015
Docket Number: 14-15-00998-CV
Court Abbreviation: Tex. App.
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