I 

Appellate Docket Number: Ol-lS..00346-CV 

Appellate Case Style: Araceli Zapata, et al. 

Vs. Clear Creek Ind. Sch. Dist. 

Companion Case No.: 

Amended/corrected statement: DOCKETING STATEMENT (Civil) 

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: 

Middle Name: Last Name: 

Last Name: Zapata Suffix: 

Suffix: Law Firrn Name: Law Oftic:a ol AAK. 

ProSe: 0 Address 1: P.O.BmlllDI 

Address 2: 

City: Tc:nsCily 

State: Tens Zip+4: 'nS92-l201 

Telephone: 281-402-6780 ext. 

Fax: 281-715-4284 

Email: markaronowitz@hotmail.com 

SBN: 00793281 

I. Appellant IL Appellant Attoraey(s) 

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

First Name: MarK 

First Name: Carmen Middle Name: 

Middle Name: Gloria Last Name: Aronowitz 

Last Name: Veljanovich Suffix: 

Suffix: Law Firm Name: Law Offices of A&K 

Pro Se: Q Address l: P.O. Box: 1201 

Address 2: 

Page 1of10 

ACCEPTED

01-15-00346-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/1/2015 12:00:00 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/31/2015 4:54:18 PM CHRISTOPHER A. PRINE Clerk
I. Appellant 

0 Person IX! Organization (choose one) 

Organization Name: Veljaco Corp. 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: 0 

BL Appellee 

0 Person IX!Organization (choose one) 

Organization Name: Oear Creek Ind/ Sch. Dist. 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: Q 

BL Appellee 

0 Person IX!Organization (choose one) 

Organization Name: Harris County 

First Name: 

City: Texas City 

State: Texas Zip+4: 77S92-1201 

Telephone: 281-402-67&0 ext. 

Fax: 281-715-4284 

Email: markaronowitz@hotmail.com 

SBN: 00793281 

IL Appellant Attorney(s) 

0 Lead Attorney 

First Name: Mark 

Middle Name: 

Last Name: Aronowitz 

Suffix: 

Law Firm Name: Law OfficesDfA&1C 

Address I: P.O. Box 1201 

Address 2: 

City: Texas City 

State: Texas Zip+4: 77592-1201 

Telephone: 281-402-67&0 ext. 

Fax: 211-715-4284 

Email: marbronowitz@hotmail.com 

SBN: 00793211 

IV. Appellee Attomey(s) 

C8] Lead Attorney 

First Name: Elizabeth 

Middle Name: 

jLast Name: Wieble-Wang 

Suffix: 

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

Address I: 1235 North Loop West 

Address 2: 

City: 

State: Texas 

Suite600 

Houston 

Zip+4: 77008 

Telephone: 713-162-1860 ext. 

Fax: 713-162-1429 

Email: PBFCM-Houston@pbfan.com 

SBN: 24075276 

IV. Appellee Attorney(s) 

l2J Lead Attorney 

First Name: Herbert 

Middle Name: A. 

Page 2of10 
Middle Name: 

Last Name: 

Suffix: 

Pro Se: Q 

m. Appellee 

0 Person l2]0rgani7.ation (choose one) 

Organization Name: City of Webster 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: Q 

Last Name: Stone 

Suffix: ill. 

Law Finn Name: Linebarger Ooggan Blair & Sampson, LLP 

Address 1: 

Address 2: 

City: 

4828 Loop Central Drive 

Suite600 

Houston 

State: Texas Zip+4: 77081 

Telephone: 713-844-3400 

Fax: 713-844-3501 

Email: berbert.stone@lgbs.com 

SBN: 24041980 

IV.· AppelleeAttoniey(s) 

12] Lead Attorney 

First Name: Herbert 

Middle Name: A. 

I Last Name: Stone 

!suffix: m. 

ext. 

Law Finn Name: Linebarget Goggan Blair Sampson, LLP 

Address 1: 

Address 2: 

City: 

4821 Loop Central Drive 

Suite 600 

Houston 

State: Texas Zip+4: 77081 

Telephone: 713-844-3400 

Fax: 713-844-3501 

Email: berbert.stone@lgbs.com 

SBN: 24041980 

Page 3of10 

ext. 
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, 2015 

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): 

Accelerated appeal (See TRAP 28): 0 Yes jg! No 

If yes, please specify statutory or other basis on which appeal is accelerated: 

Parental Termination or Child Protection? (See TRAP 28.4): 0Yes ~No 

Permissive? (See TRAP 28.3): 0Yes jg! No 

If yes, please specify statutory or other basis for such status: 

Agreed? (See TRAP 28.2): 0 Yes~ No 

If yes, please specify statutory or other basis for such status: 

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? ~ Yes 0 No 

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

Appeal from final judgment: 0 Yes 0No 

0Yes 181 No 

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 

Motion for New Trial: 

Motion to Modify Judgment: 

Request for Findings of Fact 

and Conclusions of Law: 

Motion to Reinstate: 

Motion under TRCP 306a: 

Other: 

If other, please specify: 

0Yes 181 No 

0Yes 181 No 

0 Yes 181 No 

QYes 181 No 

0 Yes 181 No 

0Yes ~No 

If yes, date filed: 

If yes, date filed: 

If yes, date filed: 

If yes, date filed: 

If yes, date filed: 

VIL lndigency Of Party: (Attach &le-stamped copy of affidavit, and extension motion if filed.) 

Affidavit filed in trial court: 

Contest filed in trial court: 

Date ruling on contest due: 

Ruling on contest: 0 Sustained 

0 Yes jg! No 

0Yes 0No 

0 Overruled 

If yes, date filed: 

If yes, date filed: 

Date of ruling: 

Page4of10 
VIlL Bankruptcy 

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 

If 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: 

0Yes IX! No 

County: Harris Trial Court Clerk: IX! District D County 

Trial Court Docket Number (Cause No.): Z013-0492S 

Trial Judge (who tried or disposed of case): 

First Name: Eli7.abeth 

Middle Name: 

Last Name: Ray 

Suffix: 

Address l: 

Address 2: 

201 Caroline Street 

12th Floor 

City: Houston 

State: Texas Zip+ 4: 77002 

Telephone: 713-368--6270 ext. 

Fax: 

Email: 

Reporter's or Recorder's Record: 

Is there a reporter's record? 

Was reporter's record requested? 

IZ!Yes D No 

IZ!Yes 0No 

Was clerk's record requested? IX! Yes D No 

If yes, date requested: May 18, 2015 

If no, date it will be requested: 

Were payment arrangements made with clerk? 

IZ!Yes QNo 0Indigent 

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

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 

Page 5of10 
[gl Court Reporter 

D Official 

First Name: Max 

Middle Name: Eugene 

Last Name: Sanders 

Suffix: 

Address I: P.O. Box 2145 

Address 2: 

City: Anahuac 

State: Texas 

D Court Recorder 

IX! Substitute 

Zip + 4: 77514 

Telephone: 713-268-6242 ext. 

Fax: 

Email: shericsr@msn.com 

x. Supenecleas Bond 

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

Will file: D Yes IX! No 

XL Extraordinary Relief 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DY es [gl No 

If 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 

If 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 

If 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 

If 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 

If money judgment, what was the amount? Actual damages: $3,220.09 

Punitive (or similar) damages: $0.00 

Page6of 10 
Attorney's fees (trial): $0.00 

Attorney's fees (appellate): $0.00 

Other: 

If 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 ~ 2 D 3 D 4 D 5 

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 ~ No 

If yes, please give name, address, telephone, fax and email address: 

gives D No 

Name Address Telephone Fax 

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 

Email 

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. 

Page 7of10 
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? 0 Yes [gJ No 

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. 

If you have not previously filed an affidavit oflndigency 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? 181 Yes 0 No 

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? 0 Yes [gj 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 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 

Signature of counsel (or pro se party) 

Printed Name: Mark.Aronowitz 

Electronic Signature: Isl Mark Aronowitz 

(Optional) 

Date: May 31, 2015 

State Bar No.: 00793281 

Page 8of10 
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) 

Person Served 

Electronic Signature: /slM.t, Atcwlowitz 

(Optional) 

State Bar No.: 00193211 

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: 

Date Served: June l, 2015 

Manner Served: e8erved 

First Name: 

Middle Name: 

Last Name: Stone 

Suffix: ID. 

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

Address 1: 

Address 2: 

City: 

State Texas 

Telephone: 

48211..oop~~ 

Suite600 

Zip+4: 770ti 

ext. 

Fax: 71J..84.4.,3S01 

Email: ~.corn 

If Attorney, Representing Party's Name: Hanis ColJntJ..:CitJ:,ofWebster 

Please enter the following for each person served: 

Page 9of10 
Date Served: June 1, 2015 

Manner Served: e8erved 

First Name: Elizabeth 

Middle Name: 

Last Name: Wiehle-Wang 

Suffix: 

Law Firm Name: Perdue. Brandon, Fielder, Collins & Mott. LLP 

Address 1: 1235 North Loop West 

Address 2: Suit.e600 

City: Houston 

State Texas Zip+4: 77008 

Telephone: 713-862-1860 ext. 

Fax: 713-862-1429 

Email: PBFCM-Houston@pbfcm.com 

If Attorney, Representing Party's Name: Clear Creek Ind. Sch. Dist. 

Page 10of10