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Appellate Docket Number:

Appellate Case Style: John B. O'Brien

Vs. Cara Baker as the Executrix of the Estate of Kenneth Baker

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:5th Court of Appeals

I. Appellant

Address 2: Suite 1600

Address 1: 3710 Rawlins St.

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: O'Brien

Middle Name: B.

First Name: John 

Law Firm Name:McCathern, P.L.L.C.

Suffix:

Last Name: Farnia

Middle Name:

First Name: Farbod

Lead Attorney

City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-741-2662 ext.

Fax: 214-741-4717

Email: ffarnia@mccathernlaw.com

SBN: 24078493

Person Organization (choose one)

I. Appellant

Address 2: Suite 1600

Address 1: 3710 Rawlins St.

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: O'Brien

Middle Name: B.

First Name: John

Law Firm Name:McCathern, P.L.L.C.

Suffix: II.

Last Name: McCathern

Middle Name: G.

First Name: Levi

Person Organization (choose one) Lead Attorney

ACCEPTED

05-15-00489-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

4/15/2015 4:29:32 PM

LISA MATZ

CLERK

05-15-00489-CV

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/15/2015 4:29:32 PM LISA MATZ Clerk
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City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-741-2662 ext.

Fax: 214-741-4717

Email: lmccathern@mccathernlaw.com

SBN: 00787990

I. Appellant

Address 2: Suite 1600

Address 1: 3710 Rawlins St.

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: O'Brien

Middle Name: B.

First Name: John

Law Firm Name:McCathern, P.L.L.C.

Suffix:

Last Name: Grinke

Middle Name: A.

First Name: Paul

Lead Attorney

City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-741-2662 ext.

Fax: 214-741-4717

Email: pgrinke@mccathernlaw.com

SBN: 24032255

Person Organization (choose one)

I. Appellant

Address 2: Suite 1600

Address 1: 3710 Rawlins St.

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: O'Brien

Middle Name: B.

First Name: John

Law Firm Name:McCathern, P.L.L.C.

Suffix:

Last Name: Green

Middle Name:

First Name: Blair

Lead Attorney

City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-741-2662 ext.

Fax: 214-741-4717

Email: bgreen@mccathernlaw.com

SBN: 24087624

Person Organization (choose one)
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I. Appellant

Address 2: Suite 2400

Address 1: 1445 Ross Avenue

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: O'Brien

Middle Name: B.

First Name: John

Law Firm Name:Hallett & Perrin, P.C.

Suffix:

Last Name: De La Garza

Middle Name: C.

First Name: Leland

Lead Attorney

City: Dallas

State: Texas Zip+4: 75202

Telephone: 214-922-4164 ext.

Fax: 214-922-4142

Email: ldelagarza@hallettperrin.com

SBN: 05646600

Person Organization (choose one)

State: Texas Zip+4: 75254

Telephone: 972-788-1400 ext.

Fax: 972-788-2667

Email: lfriedman@fflawoffice.com

SBN: 07469300

Lead Attorney

First Name: Lawrence

Middle Name: J.

Last Name: Friedman

Suffix:

Law Firm Name: Friedman & Feiger, LLP

Address 1: 5301 Spring Valley Road

Address 2: Suite 200

City: Dallas

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name: Baker

Middle Name:

First Name: Cara

 III. Appellee IV. Appellee Attorney(s)

Organization Name: Executrix of the Estate of Kenneth Baker

Lead Attorney

First Name: Ryan

Middle Name:

Last Name: Lurich

Suffix:

 Person Organization (choose one)

Last Name: Baker

Middle Name:

First Name: Cara

 III. Appellee IV. Appellee Attorney(s)

Organization Name: Executrix of the Estate of Kenneth Baker
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State: Texas Zip+4: 75254

Telephone: 972-788-1400 ext.

Fax: 972-788-2667

Email: rlurich@fflawoffice.com

SBN: 14013070

Law Firm Name: Friedman & Feiger, LLP

Address 1: 5301 Spring Valley Road

Address 2: Suite 200

City: Dallas

Pro Se:

Suffix:

State: Texas Zip+4: 75032

Telephone: 972-771-8515 ext.

Fax: 972-771-4815

Email: keith@wheelerandwheeler.com

SBN: 21257525

Lead Attorney

First Name: Keith

Middle Name:

Last Name: Wheeler

Suffix:

Law Firm Name: Wheeler & Wheeler, P.C.

Address 1: 965 W. Ralph Hall Parkway

Address 2: Suite 101

City: Rockwall

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name: Baker

Middle Name:

First Name: Cara

 III. Appellee IV. Appellee Attorney(s)

Organization Name: Executrix of the Estate of Kenneth Baker
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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:

Tex. R. App. P. 28.1(a)

Accelerated appeal (See TRAP 28): Yes No

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

Tex. Civ. Prac. & Rem. Code § 51.014(a)(4); Tex. R. App. P. 28.1(a)

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: April 13, 2015

Date order or judgment signed: April 7, 2015

Nature of Case (Subject matter or type of case): Contract

Type of judgment: Interlocutory Order

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:

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:

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:
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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: Rockwall County Court at Law

Suffix:

Last Name: Williams

Middle Name:

First Name: Brian

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.): PR14-10A

County: Rockwall County, Texas

Clerk's Record:

Address 1: 1111 W. Yellow Jacket Lane

Address 2 : Suite 403

City: Rockwall

Email:

Fax: 972-204-6419

Telephone: 972-204-6410 ext.

State: Texas Zip + 4: 75087

(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: April 20, 2015

If yes, date requested:

Trial Court Clerk: District County

Was clerk's record requested? Yes No

Reporter's or Recorder's Record:

If yes, date requested:

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?
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Email:

Fax:

Telephone: ext.

State: Texas Zip + 4:

City:

Address 2:

Address 1:

Suffix:

Last Name:

Middle Name:

First Name:

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: Motion for Temporary Relief to Stay Trial Court Order

Yes No

XI. Extraordinary Relief

Should this appeal be referred to mediation?

If no, please specify:

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? Contract 

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):

Whether Order requiring deposit of $4,000,000.00 into Court's registry was abuse of discretion.

How was the case disposed of?

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
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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? N/A - This is an interlocutory appeal

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: In Re: John B. O'Brien

Docket Number: Not yet filed Trial Court: Rockwall County Court at Law

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
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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: April 15, 2015

Yes No

Yes No

Yes No

Yes No

Electronic Signature: /s/ Farbod Farnia

(Optional)

Printed Name: Farbod Farnia State Bar No.: 24078493
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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 

April 15, 2015

State Bar No.: 24078493

Signature of counsel (or pro se party) Electronic Signature: /s/ Farbod Farnia

(Optional)

If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker

Email: lfriedman@fflawoffice.com

State Texas Zip+4: 75254

City: Dallas

Address 2: Suite 200

Address 1: 5301 Spring Valley Road

Law Firm Name:Friedman & Feiger, LLP

Suffix:

Last Name: Friedman

Middle Name: J.

First Name: Lawrence

Manner Served: eServed

Date Served: April 15, 2015

Please enter the following for each person served:

Fax: 972-788-2667

Telephone: 972-788-1400 ext.

Please enter the following for each person served:
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If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker

Email: rlurich@fflawoffice.com

State Texas Zip+4: 75254

City: Dallas

Address 2: Suite 200

Address 1: 5301 Spring Valley Road

Law Firm Name:Friedman & Feiger, LLP

Suffix:

Last Name: Lurich

Middle Name:

First Name: Ryan

Manner Served: eServed

Date Served: April 15, 2015

Fax: 972-788-2667

Telephone: 972-788-1400 ext.

If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker

Email: keith@wheelerandwheeler.com

State Texas Zip+4: 75032

City: Rockwall

Address 2: Suite 101

Address 1: 965 W. Ralph Hall Parkway

Law Firm Name:Wheeler & Wheeler, P.C.

Suffix:

Last Name: Wheeler

Middle Name:

First Name: Keith

Manner Served: eServed

Date Served: April 15, 2015

Please enter the following for each person served:

Fax: 972-771-4815

Telephone: 972-771-8515 ext.