Page 1 of 7

Appellate Docket Number: 01-15-00901-CV

Appellate Case Style: Donna Kohlhausen, as Independent Executor of the Estate of Valleyssa Joste Cerra

Vs. Brian Keith Baxendale, as Independent Executor of the Estate of Kelley William Joste

Companion Case No.:

DOCKETING STATEMENT (Civil)

(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

Amended/corrected statement:

Appellate Court:1st Court of Appeals

I. Appellant

Address 2: Suite 1350

Address 1: 500 Dallas

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Kohlhausen

Middle Name:

First Name: Donna

Law Firm Name:Johns Marrs Ellis & Hodge LLP

Suffix:

Last Name: Johns

Middle Name: S.

First Name: Christopher

Lead Attorney

City: Houston

State: Texas Zip+4: 77002-4728

Telephone: 713-609-9503 ext.

Fax: 713-583-5825

Email: cjohns@jmehlaw.com

SBN: 24044849

Person Organization (choose one)

State: Texas Zip+4: 77380-1179

Telephone: 281-419-6200 ext.

Fax: 281-419-0250

Email: james@meslawfirm.com

SBN: 00794697

Lead Attorney

First Name: James

Middle Name: H.

Last Name: Stilwell

Suffix:

Law Firm Name: Martin, Earl & Stilwell, LLP

Address 1: 1400 Woodloch Forest Drive

Address 2: Suite 590

City: The Woodlands

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name: Baxendale

Middle Name: Keith

First Name: Brian

 III. Appellee IV. Appellee Attorney(s)

ACCEPTED

01-15-00901-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/10/2015 4:44:32 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/10/2015 4:44:32 PM CHRISTOPHER A. PRINE Clerk
Page 2 of 7

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?

Appeal from final judgment:

Judgment or order disposes of all parties and issues: 

Yes No

Yes No

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

Yes No

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

Appeal should receive precedence, preference, or priority under statute or rule: Yes No

Agreed? (See TRAP 28.2): Yes No

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

Permissive? (See TRAP 28.3): Yes No

Parental Termination or Child Protection? (See TRAP 28.4):

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

Accelerated appeal (See TRAP 28): Yes No

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Interlocutory appeal of appealable order:

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

Date notice of appeal filed in trial court: October 21, 2015

Date order or judgment signed: August 11, 2015

Nature of Case (Subject matter or type of case): Estate proceedings and Administration

Type of judgment: Summary Judgment

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

Yes  No

V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal

Motion to Modify Judgment:

Motion for New Trial: If yes, date filed:

If yes, date filed: August 14, 2015

Request for Findings of Fact If yes, date filed:

and Conclusions of Law:

Motion to Reinstate: If yes, date filed:

If yes, date filed: Motion under TRCP 306a:

Other:

If other, please specify: Motion to modify judgment, which plaintiff-appellant filed after entry of final judgment, is entitled "Plaintiff's 

Motion for Reconsideration"

VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court:

Contest filed in trial court:

Ruling on contest:

If yes, date filed:

Yes No

Yes No

If yes, date filed:

Date ruling on contest due:

Sustained Overruled Date of ruling:
Page 3 of 7

VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No

If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: Probate Court 2

Suffix:

Last Name: Wood

Middle Name:

First Name: Mike

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.): 295986-401

County: Harris

Clerk's Record:

Address 1: 201 Caroline

Address 2 : Suite 680

City: Houston

Email:

Fax: 713-368-7150

Telephone: 713-368-6710 ext.

State: Texas Zip + 4: 77002-1938

(Note: No request required under TRAP 34.5(a),(b))

Were payment arrangements made with clerk?

Yes No Indigent

If no, date it will be requested:

If yes, date requested: October 29, 2015

Trial Court Clerk: District County

Was clerk's record requested? Yes No

Reporter's or Recorder's Record:

If yes, date requested: October 29, 2015

If no, date it will be requested:

Was there a reporter's record electronically recorded?

Was reporter's record requested?

 Yes No Indigent

Yes No

Yes No

Yes No

Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?
Page 4 of 7

Email: tina.white@prob.hctx.net

Fax:

Telephone: 713-943-2260 ext.

State: Texas Zip + 4: 77504

City: Pasadena

Address 2:

Address 1: 4602 Sao Paulo

Suffix:

Last Name: White

Middle Name: K.

First Name: Tina

Official Substitute

Court Reporter Court Recorder

X. Supersedeas Bond

Supersedeas bond filed: 

Will file:

If yes, date filed:

Yes No

Yes No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court?

If yes, briefly state the basis for your request:

Yes No

XI. Extraordinary Relief

Should this appeal be referred to mediation?

If no, please specify:The defendant-appellee disputes any liability; past settlement talk have been unproductive.

Has the case been through an ADR procedure?

If yes, who was the mediator?

What type of ADR procedure?

At what stage did the case go through ADR?

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):

The appellate issues relate to whether the deceased's estate is liable for disbursements from trust; the appellant seeks reversal and remand; the standard of

review is de novo.

How was the case disposed of? Summary Judgment

Summary of relief granted, including amount of money judgment, and if any, damages awarded.

Actual damages:

Punitive (or similar) damages:

If money judgment, what was the amount?

Yes No

Pre-Trial Post-Trial Other

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, 

or 14th Court of Appeal)

Yes No
Page 5 of 7

Attorney's fees (trial):

Attorney's fees (appellate):

Other:

If other, please specify:

Will you challenge this Court's jurisdiction?

Does judgment have a Mother Hubbard clause?

Does judgment have language that one or more parties "take nothing"?

Other basis for finality?

Rate the complexity of the case (use 1 for least and 5 for most complex): 3 4

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

Can the parties agree on an appellate mediator?

Name of person filing out mediation section of docketing statement:

Languages other than English in which the mediator should be proficient:

Name Address Telephone Fax Email

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

 Yes No

1 2 3 4 5

Yes No

Yes No

Yes No

Yes No

XIII. Related Matters

Vs.

Style:

Docket Number: Trial Court:

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Page 6 of 7

XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals)

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? 

 

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. 

 

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

 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? 

If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's 

Office or on the internet at http://www.tex-app.org. 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) Date: November 10, 2015

Yes No

Yes No

Yes No

Yes No

Electronic Signature: /s/ Leah K. Lanier

(Optional)

Printed Name: Leah K. Lanier State Bar No.: 24080068
Page 7 of 7

XVI. 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 . 

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:

 (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 

November 10, 2015

State Bar No.: 24080068

Signature of counsel (or pro se party) Electronic Signature: /s/ Leah K. Lanier

(Optional)

If Attorney, Representing Party's Name: Brian Keith Baxendale

Email: james@meslawfirm.com

State Texas Zip+4: 77380-1179

City: The Woodlands

Address 2: Suite 590

Address 1: 1400 Woodloch Forest Drive

Law Firm Name:Martin, Earl & Stilwell, LLP

Suffix:

Last Name: Stilwell

Middle Name: H.

First Name: James

Manner Served: eServed

Date Served: November 10, 2015

Please enter the following for each person served:

Fax: 281-419-0250

Telephone: 281-419-6200 ext.