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### Appellate Docket Number: Appellate Case Style: Vs. Companion Case(s): Amended/Corrected Statement 

## DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the cour t of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As p er TRAP 32.1 DQG , please include party’s name and the name, address, HPDLODGGUHVV telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an a ttorney, that party’s name, address, telephone number, fax number should be provided. 

### I. Appellant II. Appellant Attorney(s) - Continued Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### II. Appellant Attorney(s) Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Ronnie Harmon and Ro yH. Beck, Jr. C yrus M. Cormier and Brid g et W. Cormier Cause No. 2017-26712; Cyrus M. Cormier and Bridget W. Cormier v. Ronnie Harmon and Roy H. Beck, Jr., In the 129th Judicial District Court of Harris County, Texas



### 14th Court of Appeals

Ronnie Harmon and Roy H. Beck, Jr.

Retained Alicia M. Matsushima

24002546 Matsushima Garner PLLC 2525 Robinhood St.

Houston, Texas 77005 (713) 955-4559 alicia@matsgarner.com Select Select

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Select ACCEPTED 14-18-00351-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 5/17/2018 8:56 PM CHRISTOPHER PRINE

CLERKPage 2 of 10 

### III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: Tel. Ext. Fax: Fax: Email: 

### IV. Appellee Attorney(s) Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Retained Preston C. Goodwin

08185300 Goodwin & Harrison, LLP P.O. Box 8278

The Woodlands, Texas 77387-8278 (281) 363-3136 (281) 363-3215 preston@goodwin-harrison.com

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### V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Date Order or Judgment signed: Type of Judgment: Date Notice of Appeal filed in Trial Court: If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes N o If yes, please specify statutory or other basis on which interl ocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status :

Agreed? (See TRAP 28.2): 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 If yes, please specify statutory or other basis for such status :

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity o f a statute, rule, or ordinance? Yes No 

### VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date fi led: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed : Other: Yes No If Other, please specify: Real Property 01/31/2018 Summary Judgment 04/30/2018

03/02/2018Page 4 of 10 

### VII. Indigency of Party (Attach f ile stamped copy of Statement a nd copy of the tri al court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Stat ement filed in the trial court ? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court co sts? Yes No Hearing Date: Did trial court sign an order unde r Texas Rule of Civil Procedure 145? Yes No Date of Order: If yes, trial court finding: Challenge Sustained Overrule d
VIII. Bankruptcy Has any party to the court’s judgment filed for protection in b ankruptcy 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: County: Trial Court Docket No. (Cause No.): Trial Court Judge (who trie d or disposed of the case): Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### Clerk’s Record Trial Court Clerk: District County Was Clerk’s record requested? Yes No If yes, date requested: If no, date it will be requested: Were payment arrangements made with clerk? Yes No Indigent (Note: No request required under TRAP 34.5(a),(b).) 129th

Harris
2017-26712

Michael Gomez 201 Caroline St. 10th Floor
Houston, Texas 77002 ( 832 ) 927-2500 ( 832 ) 927-2506 j onathan. p atton @ hcdistrictclerk.com ✔ ✔ 05/08/2018

✔Page 5 of 10 

### IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: If no, date it will be requested  Was the Reporter’s R ecord electronically recorded? Yes No Were payment arrangements made w ith the court repor ter/court rec order? Yes No Indigent
Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email: Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No
XI. Extraordinary Relief Will you request extraordinary r elief (e.g., temporary or ancil lary relief) from this Court? Yes No If yes, briefly state the basis for your request: 05/08/2018

Tamra Parks 13414 Travis Hei g hts Lane
Houston, Texas 77059 ( 832 ) 217-0639 tamra p arks @g mail.comPage 6 of 10 

### XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1 st 

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### Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other 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 known (without prejudice to the right to raise additional issue s or request additional relief):

How was the case disposed of? Summary of relief granted, incl uding amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other: If other, please specify: Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take noth ing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: 

### App ellants believe that mediation will not resolve this case.

Real Property



### Summary Judgment

Judgment awarding disputed property to Appellees. The trial court committed reversib le error when it construed the August 24, 2016 general warranty deed (GWD) conveying the disputed property at issue (a 77 foot tract) to the Appellees, Cyrus Cormier and Bridget Cormier. Appellants seek reversal of the Court's January 30, 2018 judgment. The standard of review is de novo. Please see detailed response at bottom of page 8.Page 7 of 10 

### XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1 st 

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### Court of Appeals.) Rate the complexity of the cas e (use 1 for least and 5 for mostcomplex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an a ppellate mediator? Yes No If yes, please give the name, a ddress, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English i n which the mediator should be pr oficient:
Name of the person filling out mediation section of docketing s tatement:

XIII. Related Matters List an y p endin g or p ast related a pp eals before this, or an y

other Texas A pp ellate Court, b y Court, Docket, and St y le. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Alicia M. Matsushima

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### XIV. Pro Bono Program: (Complete section if filing in the 1 st 

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### Court of Appeals.) The Courts of Appeals listed above, in conjunction with the Sta te Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place alimited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Cour t. 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 fi nancial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate co unsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More inform ation 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 http://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 Stateme nt. Note: there is no guarantee that if you submit your case for po ssible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can b e found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceedin g. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and inf ormation 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? Yes No Do you authorize the Pro Bono Committee to contact your trial c ounsel of record in this matter to answer questions the committee may have regardingthe appeal? Yes No Please note that any such conver sations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the cas e for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No 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? Yes No If yes, please attach a Statement of Inability to Pay Court Cos ts 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 a Statement 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 issue s or request additional relief; use a separate attachment, if necessary).

The trial court committed reversible error when it construed the August 24, 2016 general warranty deed (GWD) conveying the disputed property at issue (a 77 foot tract) to the Appellees, Cyrus Cormier and Bridget Cormier. The Appellees were conveyed a 78 foot tract "together with the East Nineteen Feet (19')" of the 77 foot tract. The trial court incorrectly ruled that the GWD conveyed to the Appellees the entire 77 foot tract, not just the East Nineteen Feet (19') of the 77 foot tract. Appellants dis pute the trial court's incorrect construction of the GWD. The standard of review is de novo. Appellants request that the Court of Appe als reverse the trial court's January 30, 2018 judgment declaring that Appellees have title to the entire 77 foot tract under the G WD and grant all further relief to which Appellants are justly entitled.Page 9 of 10 

### XV. Signature

Date

State Bar No.
Electronic Signature (Optional) Name



### XVI. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all p arties to the Trial Court’s Order or Jud g ment as follows on:

Signature of counsel (or Pro Se Party) Electronic Signature (Opt ional)

State Bar No. Certificate of Service Requirements (TRAP 9.5(e)): A certificat e 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 p arty represented by the attorney. Signature of counsel (or Pro Se Party) 

### May 17, 2018 Printed Name 

### 24002546

24002546 Alicia M. MatsushimaPage 10 of 10 

### Please enter the followingfor each person served: Date Served: Manner Served: Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:

Date Served: Manner Served: Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: 05/17/2018 eServe Preston C. Goodwin

08185300 Goodwin & Harrison, LLP P.O. Box 8278
The Woodlands, Texas 77387-8278 (281) 363-3136 (281) 363-3215 preston@goodwin-harrison.com

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Select Appellees, Cyrus Cormier and Bridget Cormier