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Appellate Docket Number: 05-12-01431-CV

Appellate Case Style: Kenneth Crumbley and Sedona Oil & Gas Corp

Vs. Francis Philip Sears

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:5th Court of Appeals

I. Appellant

Address 2:

Address 1: 3500 Maple Ave., Suite 900

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Crumbley

Middle Name:

First Name: Kenneth 

Law Firm Name:Rose Walker, L.L.P.

Suffix:

Last Name: Cole

Middle Name: Holt

First Name: Tammy

Lead Attorney

City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-752-8600 ext.

Fax: 214-752-8700

Email: tcole@rosewalker.com

SBN: 00796771

Person Organization (choose one)

I. Appellant

Address 2:

Address 1: 3500 Maple Ave., Suite 900

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Organization Name: Sedona Oil & Gas Corp.

Law Firm Name:Rose Walker, L.L.P.

Suffix:

Last Name: Sanfelippo

Middle Name: D.

First Name: Steven

Person Organization (choose one) Lead Attorney

ACCEPTED

225EFJ017164012 

FIFTH COURT OF APPEALS

DALLAS, TEXAS

12 November 2 P2:36

Lisa Matz

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 11/2/2012 2:36:19 PM LISA MATZ Clerk
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City: Dallas

State: Texas Zip+4: 75219

Telephone: 214-752-8600 ext.

Fax: 214-752-8700

Email: ssanfelippo@rosewalker.com

SBN: 24027827

State: Texas Zip+4: 75001

Telephone: 972-364-9700 ext.

Fax: 972-239-2244

Email: mark@crb-law.com

SBN: 01007500

Lead Attorney

First Name: Mark

Middle Name: A.

Last Name: Alexander

Suffix:

Law Firm Name: Mark A. Alexander, P.C.

Address 1: 5080 Spectrum Drive, Suite 850E

Address 2:

City: Addison

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name: Sears

Middle Name: Philip

First Name: Francis

 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: October 22, 2012

Date order or judgment signed: July 26, 2012

Nature of Case (Subject matter or type of case): Contract 

Type of judgment: Bench 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: August 24, 2012

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: 193rd Judicial District

Suffix:

Last Name: Ginsberg

Middle Name:

First Name: Carl

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.): DC-12-07787

County: Dallas County

Clerk's Record:

Address 1: 600 Commerce Street

Address 2 : Box 822

City: Dallas

Email:

Fax:

Telephone: 214-653-6998 ext.

State: Texas Zip + 4: 75202

(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: October 25, 2012

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: November 12, 2012

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: 214-653-7178 ext.

State: Texas Zip + 4: 75202

City: Dallas

Address 2: Box 822

Address 1: 600 Commerce Street

Suffix:

Last Name: Moses

Middle Name:

First Name: Stephanie

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? Sid Stahl

What type of ADR procedure? Mediation

At what stage did the case go through ADR?

If other, please specify:

Type of case? Contract 

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):

Default judgment on substituted service in violation of Craddock factors.

How was the case disposed of? Trial

Summary of relief granted, including amount of money judgment, and if any, damages awarded. Default judgment in favor of Plaintiff.

Actual damages: $849,147.48 

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): $2,602.80 

Attorney's fees (appellate):

Other: $496.40 

If other, please specify: costs of court

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: Tammy Holt Cole

Languages other than English in which the mediator should be proficient: None

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, 2nd, 3rd, 5th, 13th 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: November 2, 2012

Yes No

Yes No

Yes No

Yes No

Electronic Signature: /s/ Tammy Holt Cole

(Optional)

Printed Name: Tammy Holt Cole State Bar No.: 00796771
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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 

November 2, 2012

State Bar No.: 00796771

Signature of counsel (or pro se party) Electronic Signature: /s/ Tammy Holt Cole

(Optional)

If Attorney, Representing Party's Name: Francis Philip Sears

Email: mark@crb-law.com

State Texas Zip+4: 75001

City: Addison

Address 2:

Address 1: 5080 Spectrum Drive, Suite 850E

Law Firm Name:Mark A. Alexander, P.C.

Suffix:

Last Name: Alexander

Middle Name: A.

First Name: Mark

Manner Served: eServed

Date Served: November 2, 2012

Please enter the following for each person served:

Fax: 972-239-2244

Telephone: 972-364-9700 ext.

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