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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

State: Texas Zip+4: 77056

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

Person Organization (choose one) Lead Attorney

ACCEPTED

01-15-00773-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/24/2015 3:10:33 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/24/2015 3:10:33 PM CHRISTOPHER A. PRINE Clerk
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City: Houston

State: Texas Zip+4: 77056

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

State: Texas Zip+4: 77056

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

State: Texas Zip+4: 77024

Telephone: 713-464-6412 ext.

Fax: 713-827-7483

Email: John.elliott@scslawyer.com

SBN: 24055444

Person Organization (choose one)
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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

State: Texas Zip+4: 77027

Telephone: 713-659-7777 ext.

Fax: 713-658-7780

Email: gus@tamborellolaw.com

SBN: 19632000

Person Organization (choose one)

State: Texas Zip+4: 77054

Telephone: 713-665-8558 ext.

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)
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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:

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: August 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:

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: 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

Telephone: 713-368-6730 ext.

State: Texas Zip + 4: 77002

(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: 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?

 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: 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

Official Substitute

Court Reporter Court Recorder

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

Official Substitute

Court Reporter Court Recorder
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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

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: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 proceedings and Administration 

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):

Reversal of judgment in which the trial court disregarded the jury's findings that Appellee exerted undue influence and tortiously 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 No
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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?

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: Wanda McKee Fowler

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

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.
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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: 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.: 13698700
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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 

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

State Texas Zip+4: 77054

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:
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If Attorney, Representing Party's Name: Temporary Administrator

Email: roy@camberglawfirm.com

State Texas Zip+4: 77057

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.