Page 1 of 11 Appellate Docket Number: 1-15-00773-CV Appellate Case Style: Bernice Yost Special Conservator for Georgia Cox Vs. James Fails 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 2200 Address 1: One Riverway II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Yost Middle Name: First Name: Bernice Law Firm Name:Wright & Close, LLP Suffix: Last Name: Wright Middle Name: C. First Name: Thomas Lead Attorney

City: Houston Zip+4: 77056 State: Texas Telephone: 713-572-4321 ext. Fax: 713-572-4320 Email: wright@wrightclose.com SBN: 22059400 Person Organization (choose one)

I. Appellant

Address 2: Suite 2200 Address 1: One Riverway II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Wright & Close, LLP Suffix: Last Name: Fowler Middle Name: McKee First Name: Wanda Lead Attorney Person Organization (choose one) ACCEPTED 01-15-00773-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/24/2015 3:10:33 PM CHRISTOPHER PRINE

CLERKPage 2 of 11 City: Houston Zip+4: 77056 State: Texas Telephone: 713-572-4321 ext. Fax: 713-572-4320 Email: fowler@wrightclose.com SBN: 13698700 I. Appellant

Address 2: Suite 2200 Address 1: One Riverway II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Wright & Close, LLP Suffix: Last Name: Tindall Middle Name: G. First Name: Andrea Lead Attorney

City: Houston Zip+4: 77056 State: Texas Telephone: 713-572-4321 ext. Fax: 713-572-4320 Email: tindall@wrightclose.com SBN: 24079467 Person Organization (choose one)

I. Appellant

Address 2: Suite 330 Address 1: 952 Echo Lane II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Law Office of Sharon C. Stodghill Suffix: Last Name: Elliott Middle Name: T. First Name: John Lead Attorney

City: Houston Zip+4: 77024 State: Texas Telephone: 713-464-6412 ext. Fax: 713-827-7483 Email: John.elliott@scslawyer.com SBN: 24055444 Person Organization (choose one)Page 3 of 11 I. Appellant

Address 2: Suite 150 Address 1: 2900 Weslayan II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Law Firm Name:Gus G. Tamborello, P.C. Suffix: Last Name: Tamborello Middle Name: G. First Name: Gus Lead Attorney

City: Houston Zip+4: 77027 State: Texas Telephone: 713-659-7777 ext. Fax: 713-658-7780 Email: gus@tamborellolaw.com SBN: 19632000 Person Organization (choose one)

State: Texas Zip+4: 77054 ext. Telephone: 713-665-8558 Fax: 713-665-8562 Email: mstlawyer@aol.com SBN: 19861200 Lead Attorney First Name: Michael Middle Name: Scott Last Name: Thomas Suffix: Law Firm Name: Thomas & Williams, LLP Address 1: 2626 S. Loop West Address 2: Suite 561 City: Houston Person Organization (choose one)

Pro Se: Suffix: Last Name: Fails Middle Name: Sampson First Name: James III. Appellee IV. Appellee Attorney(s)Page 4 of 11 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: September 4, 2015 Date order or judgment signed: Au g ust 20, 2015 Nature of Case (Subject matter or type of case): Estate proceedings and Administration Type of judgment: Jury Trial

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: 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: 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 5 of 11 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 No. 3

Suffix: Last Name: Olsen Middle Name: First Name: Hon. Rory Trial Judge (who tried or disposed of case): Trial Court Docket Number (Cause No.): 412,338 County: Harris Clerk's Record:

Address 1: 201 Caroline Address 2 : 7th Floor City: Houston
Email: Fax: 713-368-7166 ext. Telephone: 713-368-6730 Zip + 4: 77002 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: September 11, 2015 Trial Court Clerk: District County Was clerk's record requested? Yes No

Reporter's or Recorder's Record:
If yes, date requested: September 11, 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 6 of 11 Email: Robin.Kulhanek@prob.hctx.net Fax: Telephone: (713) 368-6746 ext. State: Texas Zip + 4: 77002 City: Houston Address 2: 7th Floor Address 1: 201 Caroline Suffix: Last Name: Day Middle Name: First Name: Robin Substitute Official Court Recorder Court Reporter

Email: csramona@sbcglobal.net Fax: Telephone: ext. State: Texas Zip + 4: City: Address 2: Address 1: Suffix: Last Name: Gonzalez Middle Name: First Name: Ramona Substitute Official Court Recorder Court ReporterPage 7 of 11 Email: elizabethcordova@yahoo.com Fax: Telephone: ext. State: Texas Zip + 4: City: Address 2: Address 1: Suffix: Last Name: Cordova Middle Name: First Name: Elizabeth 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:Appellent believes that Appellee does not wish to mediate this case. Has the case been through an ADR procedure? If yes, who was the mediator? Helen B. Jenkins What type of ADR procedure? 1/2 Day Mediation At what stage did the case go through ADR? If other, please specify: Type of case? Estate proceedin g s and Administration 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): Reversal of judgment in which the trial court disregarded the jury's findings that Appellee exerted undue influence and tortiou sly interfered with Appellant's inheritance and awarded Appellee fees. How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. Jury findings set aside in favor of Appellee and fees 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 8 of 11 Attorney's fees (trial): $198,296.33 Attorney's fees (appellate): $35,000.00 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: Wanda McKee Fowler 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
Bernice Yost Special Conservator for Georgia Cox Vs. Style: James Fails Docket Number: 01-14-00975-CV Trial Court: Probate Court 3 List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 9 of 11 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 theappellant 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 incomeexceed 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: September 24, 2015 Yes No Yes No Yes No Yes No

Electronic Signature: /s/ Wanda McKee Fowler (Optional) Printed Name: Wanda McKee Fowler State Bar No.: 13698700Page 10 of 11 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 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 September 24, 2015
State Bar No.: 13698700 Signature of counsel (or pro se party) Electronic Signature: /s/ Wanda McKee Fowler (Optional)

If Attorney, Representing Party's Name: James Sampson Fails Email: mstlawyer@aol.com Zip+4: 77054 State Texas City: Houston Address 2: Suite 561 Address 1: 2626 S. Loop West Law Firm Name: Thomas & Williams, LLP Suffix: Last Name: Thomas Middle Name: Scott First Name: Michael Manner Served: eServed Date Served: Please enter the following for each person served:

Fax: 713-665-8562 Telephone: 713-665-8558 ext. Please enter the following for each person served:Page 11 of 11 If Attorney, Representing Party's Name: Temporary Administrator Email: roy@camberglawfirm.com Zip+4: 77057 State Texas City: Houston Address 2: Suite 444 Address 1: 17225 El Camino Real Law Firm Name: The Camberg Law Firm, P.C. Suffix: Last Name: Camberg Middle Name: First Name: Roy Manner Served: eServed Date Served:

Fax: Telephone: ext.