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 Zip+4: 77002-4728 State: Texas 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 ext. Telephone: 281-419-6200 Fax: 281-419-0250 Email: j ames@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

CLERKPage 2 of 7 Yes No No Yes No Yes No Yes No

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

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 No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): 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: Au g ust 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: No  Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: Motion for New Trial: If yes, date filed: August 14, 2015 If yes, date filed: Request for Findings of Fact 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 No Yes 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 ext. Telephone: 713-368-6710 Zip + 4: 77002-1938 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes 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?

No Yes Indigent No Yes No Yes No Yes 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 Substitute Official Court Recorder Court Reporter

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 an y liabilit y ; 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 kno wn (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 revers al and remand; the standard o f 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 NoPage 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? 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): 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: Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes 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 B ar 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 upo n a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, an d can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. M ore 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 In ternet 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 Com mittee 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 fact s and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volu nteer 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 committe e 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 foundin 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 kno wn (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: N ovember 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.: 24080068Page 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 t o 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 a nd 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 N ovember 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: j ames@meslawfirm.com Zip+4: 77380-1179 State Texas 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: N ovember 10, 2015 Please enter the following for each person served:

Fax: 281-419-0250 Telephone: 281-419-6200 ext.