Appellate Docket Number: 0 J., 15-0062!,CV • 

Appellate Case Style: Supply Pro, Inc. and Harmon K. Fine il1divldually 

Vs. Ecosorb futernatioual, lie., d/b/a BiocelTeclmologies .. · . 

Companion Case No.: . • 

Amended/corrected statement: DOCKETING STATEMENT (Civil) 

Appellate Court: J st Court of Appeals 

(to be tiled in the court of appeals upon perfection of appeal under TRAP 32) 

I. Appellant . . · 

n. Appellant Attorney(s) . 

.·. · .. . ·. . . . 

0 Person IZJ Organization (choose one) IZl Lead Attorney 

Organization Name: Supply Pro, lie. First Name: Richard 

First Name: Middle Name: H. 

Middle Name: Last Name: Edehnan 

Last Name: Suffix: 

Suffix: Law Firm Name: Barlow Jones LLP 

ProSe: 0 Address I: 17225 El Camino Real 

Address 2: Suite 400 

City: Houston 

State: Texas Zip+4: 77058 

Telephone: (281) 488-8440 ext. 

Fax: (281)488,6832 

Email: 111e@edehnanoffice.com 

SBN: 06413200 . .. : 

:L Appellant . 

n. Appellant Attorney(s) . . . . 

IZJ Person 0 Organization (choose one) D Lead Attorney 

First Name: William 

First Name: Harmon Middle Name: ]'. 

Middle Name: K. Last Name: Harmeyer 

Last Name: Fine Suffix: 

Suffix: Law Firm Name: WH!iain F. Harmeyer & Associates, P.C. 

ProSe: 0 Address I: 732.2 Southwest Freeway 

Address 2: suite 475 . : 

Page 1 of 11 

ACCEPTED

01-15-00621-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

8/6/2015 5:28:43 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/6/2015 5:28:43 PM CHRISTOPHER A. PRINE Clerk
III. Appellee 

D Person ~:X:] Organization (choose one) 

Organization Name: Ecosorb International,Jnc., dbaBiocel Tech. 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

ProSe: 0 

III. Appellee 

D Person D Organization (choose one) 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

ProSe: 0 

III. Appellee 

D Person D Organization (choose one) 

First Name: 

City: Houston 

State: Texas Zip+4: 77074 

Telephone: (713) 270-5552 · ext. 

Fax: (713) ;!70-7128 

Email: j,Vharmeyer@harmeyerlaw.com 

SBN: 09019000 

IV. Appellee Attorney(s) 

D Lead Attorney 

First Name: T. 

Middle Name: Ernest 

Last Name: Freeman 

Suffix: 

Law Firm Name: The Freeman Law .Firm, P.C. 

Address I: 

Address 2: 

City: 

1770 St. James Place 

Suite 120 

Hou.ston 

State: Texas Zip+4: 77056 

Telephone: (713) 973-1000 ext. 

Fax: (713) 973-1004 

Email: ¢mest@thefi·eemanlawfirm.com 

SBN: 07431.6.00 

IV. Appellee Attorney(s) 

D Lead Attorney 

First Name: Stephen 

Middle Name: G. 

Last Name: Scholl 

Suffix: 

Law Finn Name: The FreemanLaw Firm, P.C. 

Address 1: 

Address 2: 

City: 

1770 S.t. James Place 

Suite 120 

Houston 

State: Texas Zip+4: 77056 

Telephone: (713) 973-1000 ext. 

Fax: (713)973-1004 

Email: steve@thefi·eemanlawfinn.com 

SBN: 17801350 

IV. Appellee Attoruey(s) 

~:X:] Lead Attorney 

First Name: Jonathan 

Middle Name: 

Page 2 of 11 
Middle Name: Last Name: Stager 

Last Name: Suffix: 

Suffix: Law Firm Name: Jonathan Stager Law 

ProSe: 0 Address I: 2301 Morse Street 

Address 2: 

City: Bouston 

State: Texas Zip+4: 770[9 

Telephone: (713) 522-2848 : ext. 

Fax: (713) 522-1120 

Email: jstoger@stogerlaw.com 

SBN: 00797504 

Page 3 of 11 
V. Perfection Of Appeal And.Jurisdiction . 

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

Date order or judgment signed: April21, 2015 Type of judgment: Jmy Trial 

Date notice of appeal filed in trial comt: July 20,2015 

If mailed to the trial court clerk, also give the date mailed: 

Interlocutmy appeal of appealable order: D Yes 1:><:1 No 

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

Accelerated appeal (See TRAP 28): DYes 1:><:1 No 

If yes, please specifY statutory or other basis on which appeal is accelerated: 

Parental Termination or Child Protection? (See TRAP 28.4): DYes ~No 

Permissive? (See TRAP 28.3): DYes 1:><:1 No 

If yes, please specifY statutmy or other basis for such status: 

Agreed? (See TRAP 28.2): DYes 1:><:1 No 

If yes, please specifY statutmy or other basis for such status: 

Appeal should receive precedence, preference, or priority under statute or rule: DYes 1:><:1 No 

If yes, please specifY statutmy or other basis for such status: 

Does this case involve an amount under $1 00,000? D Yes i:><:J No 

Judgment or order disposes of all parties and issues: 1:><:1 Yes DNa 

Appeal from fmal judgment: 1:><:1 Yes DNa 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes 1:><:1 No 

.. 

VI .. Actions Extending Time To Perfect Appeal . 

Motion for New Trial: I:><:JYes D No If yes, date filed: May 18,2015 

Motion to ModifY Judgment: I:><:JYes DNa If yes, date filed: May 18,2015 

Request for Findings of Fact DYes I:><:JNo If yes, date filed: 

and Conclusions of Law: 

Motion to Reinstate: DYes 1:><:1 No If yes, date filed: 

Motion under TRCP 306a: DYes I:><:JNo If yes, date filed: 

Other: I:><:JYes DNo 

If other, please specifY: Motion for Judgment Notwithstanding the Verdict (JNOV) on May 18; 2015 ·. 

VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion iffiled.) 

Affidavit filed in trial comt: 

Contest filed in trial comt: 

Date ruling on contest due: 

Ruling on contest: D Sustained 

DYes DNo 

DYes 0No 

D Overruled 

If yes, date filed: 

If yes, date filed: 

Date of ruling: 

Page 4 of 11 

. 

. 

. . 

. 
. 

VIII. Bankruptcy . 

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? 

If yes, please attach a copy of the petition. 

DYes ~No 

Date bankruptcy filed: 

IX. TriaiCourt And Record 

. .. · ... 

Court: lith District CoUit 

County: Ha1Tis 

Trial Court Docl<ct Number (Cause No.): 2012·24524 

Trial Judge (who tried or disposed of case): 

First Name: Mike 

Bankruptcy Case Number: 

. 

Clerk's Record: 

Trial Court Clerk: ~ District D County 

Was clerk's record requested? ~ Yes D No 

If yes, date requested: July 20,2015 

If no, date it will be requested: 

Were payment arrangements made with clerk? 

· .. 

Middle Name: D. DYes ~No Dindigent 

Last Name: 

Suffix: 

Address I: 

Address 2: 

City: 

State: Texas 

Miller 

201 Caroline 

9th Floor 

Houston 

Zip+ 4: 77002 

Telephone: (713) 368-6020 ext. 

Fax: Not Available 

Email: NotAvailable 

Repartees or Recorder•s Record: 

Is there a reporter1s record? 

Was reporter1s record requested? 

~Yes D No 

~Yes DNa 

(Note: No request required under TRAP 34.5(a),(b)) 

Was there a reporter's record electronically recorded? ~Yes D No 

If yes, date requested: May 21, 20!5 

If no, date it will be requested: 

Were payment arrangements made with the court reporter/court recorder? ~Yes D No Dludigent 

Page 5 of 11 

.· 

. 
~:>:<:] Court Reporter 

D Official 

First Name: Teni 

Middle Name: w 

Last Name: Anderson 

Suffix: 

Address 1: 201 Caroline 

Address 2: Room945 

City: Houston 

State: Texas 

0 Court Recorder 

0 Substitute 

Zip+ 4: 77002 

Telephone: (713) 368-6030 ext 

Fax: 

Email: terri.a@sbcglobal.net; terriyndersou@justex.net 

X. Supersedeas Bond .· . · 

Supersedeas bond filed: I:>:<:] Yes 0 No If yes, date filed: July 30,2015. 

Will file: 0 Yes 0 No 

XI. Extraordinary Relief 

Will you request extraordinmy relief (e.g. tempormy or ancillary relief) from this Court? 

If yes, briefly state the basis for your request: 

. . . 

. . . .• 

DYes ~:>:<:]No 

XII. Altei'Jlative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, lOth, 11th, l2tl1, 13th, 

or 14th Court of Appeal) . .. · 

Should this appeal be referred to mediation? 0 Yes ~:>:<:]No 

If no, please specify: This case has been previously mediated in the trial court proceeding 

Has the case been through an ADR procedure? ~:>:<:]Yes 0 No 

If yes, who was the mediator? Judge John Caselli 

What type of ADR procedure? Mediation 

At what stage did the case go through ADR? ~:>:<:]Pre- Trial D Post-Trial D Other 

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): 

Please see Exhibit 1 attached hereto and incorporated herein 

How was the case disposed of? Trial 

Summary of relief granted, including amount of money judgment, and if any, damages awarded. Actual $783,421.05;exemplaty damages 

If money judgment, what was the amount? Actual damages: $783;42L05 $1,800,000+ pre-judgment interest 

Punitive (or similar) damages: $1,800,000.00 ' 

Page 6 of 11 
Attorney's fees (trial): $0.00 

Attorney's fees (appellate): $0.00 

Other: 

If other, please specify: 

·. 

Will you challenge this Court's jurisdiction? DYes IZJ No 

Does judgment have language that one or more parties 11 take nothing 11 ? 0 Yes IZ! No 

Does judgment have a Mother Hubbard clause? IZJYes D No 

Other basis for fmality? 

Rate the complexity of the case (use I for least and 5 for most complex): D I D 2 D 3 D 4 IZJ5 

Please make my answer to the preceding questions known to other parties in this case. 

Can the patties agree on an appellate mediator? DYes IZJ No 

If yes, please give name, address, telephone, fax and email address: 

Name Address Telephone 

IZJYes D No 

Fax 

Languages other than English in which the mediator should be proficient: Not applicable 

Name of person filing out mediation section of docketing statement: William F. Hmmeyer 

XIII. Related Matters 

Email 

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. 

Docket Number: Trial Coutt: 

Style: 

Vs. 

Page 7 of 11 

• 

. 
XIV. Pro Bono J>rogram: (Complete section iffiling 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. ffyour 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? 0 Yes 1Z1 No 

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? 0 Yes IZI No 

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 oflndigency 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? 0 Yes 1Z1 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? 0 Yes IZI No 

Tfyes, please attach an Affidavit oflndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's 

Office or on the intemet 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 prose party) 

Printed Name: William F. Harmeyer 

Electronic Signature: (s/Williarn F. Harmeyer 

(Optional) 

Date: August 6, 2015 

StateBarNo.: 09019000 

Page 8 of 11 
XVI. Certificate. of Service • . . 

The undersigned counsel eettifies 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 August 6, 2015 

Signature of counsel (or prose party) 

Person Served 

Electronic Signature: Is/William f. Harmeyer 

(Optional) 

State BarNo.: 09019000 

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: 

(I) 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 

Please enter the following for each person served: 

Date Served: August 6,2015 

Matmer Served: eServed 

First Name: T. 

Middle Name: Emest 

Last Name: Freeman 

Suffix: 

Law Firm Name: The Freeman Law Firm 

Address I: 

Address 2: 

City: 

State Texas 

Telephone: 

1770 St. James Place 

suite 120 

Houston 

Zip+4: 77056 

(713) 973-1000 ext. 

Fax: (713)973-1004 

Email: ernest@thefi·eemanlawfinn.com 

If Attorney, Representing Party's Name: Appellee, Eeosorb International, Inc. 

Please enter the following for each person served: 

Page 9 of 11 

. 
Date Served: August 6, 2015 

Manner Served: eServed 

First Name: Stephen 

Middle Name: G. 

Last Name: Scholl 

Suffix: 

Law Finn Name: The Freeman Law Firm 

Address 1: 

Address 2: 

City: 

State Texas 

Telephone: 

1770 St. James Place 

Suite. 120 

}louston 

Zip+4: 77056 

(713) 973-1000 ext. 

Fax: (713) 973-1004 

Email: steve@thefi·eemanlawfum.com 

If Attorney, Representing Party's Name: Appellee, Ecosorblnternational, Inc. 

Please enter the following for each person served: 

Date Served: August 6, 2015 

Manner Served: eServed 

First Name: Jonathan 

Middle Name: 

Last Name: Stage!' 

Suffix: 

Law Firm Name: Jonathan Stoger Law 

Address 1: 2301 Morse Street 

Address 2: 

City: Houston 

State Texas Zip+4: 77019 

Telephone: (713) 522-2848 ext. 

Fax: (713) 522-1120 

Email: jstoger@stogerlaw.com 

If Attorney, Representing Party's Name: Appellee, Ecosorb International, Inc. 

Please enter the following for each person served: 

Page 10 of 11 
Date Served: Angt1st 6, 2015 

Manner Served: eServed 

First Name: Richard 

Middle Name: H. 

Last Name: Edelman 

Suffix: 

Law Firm Name: Barlow Jones LLP 

Address 1: 

Address 2: 

I 7225 El Cantina Real 

Suite 400 

City: Bouston 

State Texas Zip+4: 77058 

Telephone: (281) 488~8440 ext. 

Fax: (281)488-6832 

Email: rhe@edelmanoffice.com 

If Attorney, Representing Party's Name: Appellants, Supply Pro, Inc., Harmon K. Fine 

Page 11 of 11 
EXHIBIT 1 

Appellate Docket Number: 0 1-15-00621-CV 

Appellate Case Style: Supply Pro, Inc. and Harmon K. Fine Individually v. Ecosorb 

International, Inc., d/b/a Biocel Technologies 

DOCKETING STATEMENT 

Section XII: 

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 reliel): 

I. Whether a portion of a proposed U.C.C. workout agreement for the early termination of 

purchase orders is unenforceable under the statute of frauds, or fails because there was no 

acceptance by the defendant of the proposed portion of the workout agreement, with a de 

novo standard of review. 

2. Whether there was legally sufficient evidence to support the damages awarded for storage 

fees, with a de novo standard of review. 

3. Whether a personal guarantee is unenforceable under the statute of frauds, with a de novo 

standard of review. 

4. Whether there was legally sufficient evidence to support the award for fraud (liability and/or 

damages), with a de novo standard of review. 

5. Whether there was legally sufficient evidence to support the awards for exemplary damages, 

whether there was an impermissible double recovery of exemplary damages by separate 

awards for the same acts, and whether the awards for exemplary damages violates 

constitutional restraints, with a de novo standard of review.