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Appellate Docket Number: 01-15-01032-CV

Appellate Case Style: Lisa Rena Clift, individually and as next friend of K.R.B., a minor,

Vs. Susan Marie Hathway

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:

Address 1: 1401 McKinney, Suite 1700

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Clift

Middle Name: Rena

First Name: Lisa

Organization Name:

Law Firm Name:Crain, Caton & James, PC

Suffix:

Last Name: Smith

Middle Name: Payne

First Name: Darlene

Lead Attorney

City: Houston

State: Texas Zip+4: 77010-4035

Telephone: 713-752-8640 ext.

Fax: 713-658-1921

Email: dsmith@craincaton.com

SBN: 18643525

Person Organization (choose one)

I. Appellant

Address 2:

Address 1: 201 Stratford Street

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Clift

Middle Name: Rena

First Name: Lisa

Organization Name:

Law Firm Name:Wagnon Franklin PLLC

Suffix:

Last Name: Franklin

Middle Name:

First Name: Jacob

Person Organization (choose one) Lead Attorney

ACCEPTED

01-15-01032-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/28/2015 4:58:54 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 4:58:54 PM CHRISTOPHER A. PRINE Clerk
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City: Houston

State: Texas Zip+4: 77006

Telephone: 832-713-7025 ext.

Fax: 832-218-9333

Email: jake@wagnonfranklin.com

SBN: 24088966

I. Appellant

Address 2:

Address 1: 1401 McKinney Street, Suite 1700

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Clift

Middle Name: Rena 

First Name: Lisa

Law Firm Name:Crain, Caton & James, PC

Suffix:

Last Name: Hightower

Middle Name: B. 

First Name: Donald

Lead Attorney

City: Houston

State: Texas Zip+4: 77010

Telephone: 713-752-8609 ext.

Fax: 713-658-1921

Email: dhightower@craincaton.com

SBN: 24062780

Person Organization (choose one)

I. Appellant

Address 2:

Address 1:

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Law Firm Name:

Suffix:

Last Name:

Middle Name:

First Name:

Lead Attorney

City:

State: Texas Zip+4:

Telephone: ext.

Fax:

Email:

SBN:

Person Organization (choose one)

Lead Attorney

First Name: Cameron

 Person Organization (choose one)

 III. Appellee IV. Appellee Attorney(s)

Organization Name:
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State: Texas Zip+4: 77027

Telephone: 713-572-2900 ext.

Fax: 713-572-2902

Email: cameron.mculloch@mmlawtexas.com

SBN: 00788930

Middle Name:

Last Name: McCulloch

Suffix:

Law Firm Name: MacIntyre & McCulloch LLP

Address 1: 2900 Wesleyan, Suite 150

Address 2:

City: Houston

Pro Se:

Suffix:

Last Name: Hathaway

Middle Name: Marie

First Name: Susan

State: Texas Zip+4: 77027

Telephone: 713-572-2900 ext.

Fax: 713-572-2902

Email: christopher.burt@mmlawtexas.com

SBN: 24068339

Lead Attorney

First Name: Christopher

Middle Name: C.

Last Name: Burt

Suffix:

Law Firm Name: MacIntyre & McCulloch LLP

Address 1: 2900 Wesleyan, Suite 150

Address 2:

City: Houston

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name: Hathaway

Middle Name: Marie

First Name: Susan 

 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:

Appeal of Temporary Injunction under CPRC Sec. 51.014

Accelerated appeal (See TRAP 28): Yes No

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

Appeal of Temporary Injunction under CPRC Sec. 51.014

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: November 12, 2015

Date order or judgment signed: 08/25/2015

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

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: Probate Court No. 4

Suffix:

Last Name: Comstock

Middle Name:

First Name: Clarinda

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.): 440,708-401

County: Harris

Clerk's Record:

Address 1: 201Caroline Street

Address 2 : 7th Floor

City: Houston

Email:

Fax:

Telephone: 713-368-6767 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: December 10, 2015

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:

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? 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):

Propriety of temporary injunction denying widow access to assets of deceased husband's estate.

How was the case disposed of? Other

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

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?

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: Donald B. Hightower

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.
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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: December 28, 2015

Yes No

Yes No

Yes No

Yes No

Electronic Signature: Donald B. Hightower

(Optional)

Printed Name: Donald B. Hightower State Bar No.: 24062780
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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 

December 29, 2015

State Bar No.: 24062780

Signature of counsel (or pro se party) Electronic Signature: Donald B. Hightower

(Optional)

If Attorney, Representing Party's Name: Susan Marie Hathaway

Email: cameron.mculloch@mmlawtexas.com

State Texas Zip+4: 77027

City: Houston

Address 2:

Address 1: 2900 Wesleyan, Suite 150

Law Firm Name:MacIntyre & McCulloch LLP

Suffix:

Last Name: McCulloch

Middle Name:

First Name: Cameron

Manner Served: Email

Date Served: December 29, 2015

Please enter the following for each person served:

Fax: 713-572-2902

Telephone: 713-572-2900 ext.