FOURTEENTH COURT OF APPEALS

CIVIL APPEAL MEDIATION DOCKETING STATEMENT

RETURN WITHIN 15 DAYS TO:

CLERK, FOURTEENTH COURT OF APPEALS;

301 FANNIN, ROOM 245; HOUSTON, TEXAS 77002

***For Civil Appeals, see Section V for information about the Pro Bono Program sponsored and

administered by the Pro Bono Committees of the Appellate Practice Sections of the State Bar of Texas and

the Houston Bar Association.

I. General Information:

Appellant(s):

W.A. “Andy” Myers, individually and

in his capacity as Fort Bend County

Commissioner

Appellee(s):

JDC/Firethorn, Ltd., a Texas Limited

Partnership

Other:

Appellate Cause No.:

14-15-00860-CV

Trial Ct. Cause No.:

15-DCV-221725

County:

Fort Bend

Trial Court:

268th

II. Timetable:

Appeal stayed by bankruptcy. Date bankruptcy filed:

List: name of bankruptcy court:

bankruptcy case number:

style of bankruptcy filing:

III. Jurisdiction:

Will you challenge this court’s

jurisdiction? No  Yes 

ACCEPTED

14-15-00860-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

10/26/2015 10:50:11 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 10:50:11 AM CHRISTOPHER A. PRINE Clerk
IV. Indigency Of Party (TRAP 32.1(k)): (Attach file-stamped copy of affidavit)

Event Filed

Check as appropriate Date N/A

Affidavit filed No  Yes 

Contest filed No  Yes 

Date ruling on contest due:

Ruling on contest:

Sustained  Overruled 

V. Pro Bono Pilot Program:

The Pro Bono Committees of the Appellate Practice Sections of the State Bar of Texas and the Houston Bar

Association are participating in a Pro Bono Program to place a limited number of civil appeals with appellate

counsel who will represent the appellant/appellee in the appeal before the Fourteenth Court of Appeals.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Pilot

Program based upon a number of discretionary criteria, including the financial means of the appellee. If a case is

selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation

of the appellee without charging legal fees. More information regarding this program can be found in the Pro

Bono Pilot Program Pamphlet available in paper form at the Clerk’s Office or on the Internet at http://www.texapp.org and http://www.hba.org/folder-sections/sec-appellate.htm. If your case is selected and matched with a

volunteer lawyer, you will receive a letter from the Pro Bono Pilot 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 a Listserv to its pool of volunteer appellate attorneys.

1. Do you want this case to be considered for inclusion in the Pro Bono Pilot Program?

Yes  No 

If you answered “Yes” to Question V.1, then please answer the following questions.

2. 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.

Yes  No 
3. 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.

Yes  No 

4. Are you willing to disclose your financial circumstances to the Pro Bono Committee? If so, please attach

an Affidavit of Indigency completed and executed by the appellee. Forms may be found in the Clerk’s Office or

on the Internet at http://www.tex-app.org and http://www.hba.org/folder-sections/sec-appellate.htm. Your

participation in the Pro Bono Pilot Program may be conditioned upon your execution of an affidavit under oath as

to your financial circumstances.

Yes  No 

5. 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).

VI. Alternative Dispute Resolution/Mediation (if applicable)

Instructions: This information will be used in conjunction with the Rule 32.1 docketing statement to evaluate

your case for possible referral to an alternative dispute resolution procedure. See TEX. R. APP. P. 32.1. The court

will not consider your answers if the case is submitted on the merits. Each party (except where noted) must

complete and file a completed docketing form in the Court of Appeals after the appeal is perfected.

Check Y for yes or N for no. Fill in all blanks or check appropriate boxes.

1. Should this case be referred to mediation? Yes  No  (use additional sheets if necessary)

If no, why? On October 6, 2014 (before suit was filed), the parties mediated, reached a “Binding

Settlement Agreement” that resolved all claims between the parties and was signed by Commissioner

Andy Meyers, subject to approval by the Fort Bend County Commissioners’ Court. The Commissioners’

Court did not approve the settlement, and this litigation ensued.

(The court makes the final decision regarding referral of a case to mediation)

2. Has this case been through an ADR procedure? Yes  No 

If you answered yes:

a. Who was the mediator? Michael Narsete

b. What type of ADR procedure? Mediation

c. At what stage did the case go through ADR?

pre-trial trial post-trial other ______pre-suit_______________________
3. Rate the case for complexity. Use 1 for the least complex and 5 for the most complex. Check one:

1  2  3  4  5 

VII. Signature:

/s/ Don C. Griffin Date: October 26, 2015

Signature of counsel (or pro se party)

H. Dixon Montague

State Bar No. 14277700

dmontague@velaw.com

Don C. Griffin

State Bar No. 08456975

dgriffin@velaw.com

Catherine B. Smith

State Bar No. 03319970

csmith@velaw.com

VINSON & ELKINS L.L.P.

1001 Fannin Street, Suite 2500

Houston, Texas 77002-6760

Telephone Number: 713.758.3508

Facsimile Number: 713.615.5985

Representing: Appellee

US 3846892v.1