Appellate Docket Number: 

Appellate Case Style: 

Vs. 

Companion Case No.: 

Amended/corrected statement: DOCKETING STATEMENT (Civil) 

Appellate Court:[IZ:th§o~tfl;>fi\'Pil~~~$ · ·· U 

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

Organization Name: 

First Name: 

Middle Name: 

Last Name: Suffix: 

Suffix: Law Firm Name: ~~X&•'t:li•fslj~;J\,'tt,oj'lle)'S'.att.a,Y;~;<:i~~; i''+: 

ProSe: 0 

D Person IZJ Organization (choose one) 

Organization Name: J'lM!~t~f~(Qjaf,li£'!:V:llii.i:§~aJe}p'ti(i~~eii);:, /'1 

First Name: 

Suffix: 

ProSe: 0 

Address 1: 

Address 2: 

City: 

State: 

Telephone: (90,~)567£2651 ... , ____ c_ ,-, ,_- - ---- ---'--

D Lead Attorney 

First Name: 

Middle Name: 

Name: 

Address I: 

Address 2: 

Page 1 of 10 

ext. 

ACCEPTED

12-15-00004-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

1/23/2015 4:02:34 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 1/23/2015 4:02:34 PM CATHY S. LUSK Clerk
First Name: 

Middle Name: 

Last Name: 

Suffix: 

ProSe: 0 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

ProSe: 0 

City: 

State: 

Telephone: 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Address 1: 

Address 2: 

City: 

State: tt'e:){fu. ' 

Telephone: 

Fax: 

Email: 

Lead Attorney 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

I Ad<lress l: 

Address 2: 

City: 

State: 

Telephone: 

Fax: ;~',,~,··"~'"'"·~.~t\f J,i£j:)~fi' i 

Email: 

SBN: 

Page 2 of 10 
Date order or judgment signed: o¥~cii)\~er.I~;Jibj4{i' ; 

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: D Yes ISJ No 

Type of judgment: I.JI!;:Illi§sill''" · 

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

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

Permissive? (See TRAP 28.3): DYes ISJ No 

If\,~pj ~\~~fe.,.~P.~dfY st~tu~<H~or<,tl :•>;,_<•;•.;::·;,•:•>:•:;f0,~o;\ '?'.'Fe" ;cj:'';)i,.iil\iii~•~ i ;2 .\ •. cc7~7•'':}\'!Ci; :i'c;:"t,,!\:i •;.·c····· :·•;;;;;y(;,:.· :1 

Agreed? (See TRAP 28.2): DYes ISJ No 

Does this case involve an amount under $100,000? ISJ Yes DNo 

Judgment or order disposes of all patties and issues: ISJ Yes DNo 

Appeal from final judgment: ISJ Yes D No 

DYes ISJ No 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? ISJ Yes DNo 

for New Trial: 

Motion to ModifY Judgment: 

Request for Findings ofF act 

and Conclusions of Law: 

Motion to Reinstate: 

Motion under TRCP 306a: 

Other: 

Affidavit filed in trial court: 

Contest filed in trial court: 

Date ruling on contest due: 

Ruling on contest: D Sustained 

DYes 

DYes ISJ No 

DYes ISJ No 

DYes ISJ No 

DYes ISJ No 

DYes ISJ No 

DYes DNo 

DYes ISJ No 

D Overruled 

If yes, date filed: 

If yes, date filed: 

If yes, date filed: 

If yes, date filed: 

Date of ruling: 

Page 3 of 10 
Has any pa1ty to the court's judgment filed for protection in bankruptcy which might affect this appeal? 

If yes, please attach a copy of the petition. 

Date bankruptcy filed: Bankruptcy Case Number: 

DYes ~No 

Trial Court Clerk: D District ~ County 

Trial Court Docl{ct Number (Cause No.): 

Judge (who tried or disposed of case): 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

IAd<lress 1: 

1 Adldre:ss 2 : 

City: 

Was clerk's record requested? DYes ~No 

If yes, date requested: ;:~:{:~·:]~~~~~~~~~~~~;I~~'~;'!\~~·;~·J~j)J If no, date it will be requested: 

Were payment arrangements made with clerk? 

~Yes DNo Dindigent 

(Note: No request required under TRAP 34.S(a),(b)} 

State: Zip+ 4: \Z,:S:,jg:l,)£"'•i'",iJ 

Telephone: @~~I.~61t72!~'J] ~0j ext. 

Fax: 

Email: 

or Recorder's Record: 

Is there a reporter's record? 

Was repartees record requested? 

~Yes D No 

DYes ~No 

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

If yes, date requested: lF;5 ~~~;.Yiiii!o.i'C?'·•~•,;,J:; 

If no, date it will be requested: ~~i:ir,i\~iYJi,2()'}'~. ;".;., ;;~ 1 

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

Page 4 of10 
[gJ Court Reporter 

[gj Official 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

D Court Recorder 

D Substitute 

Address 1: 

Address 2: 

'V4lli~~@£(;:~uiltlf.¢§iltih9use ,y····· 

ifi!J':F~tp~t\~s'sfi..,~}'Room' 2o1;; •··· · 

City: 

State: 

Telephone: \96'i)56Zr~~~8 ' 1 ext. 

Fax: (~0~)'5,67f6&5<f'(' 

Email: sbr6s~l~tu!@~.ffi.zai1.4(c6uili}>,</rg ,.¥:;, ..... 

Will file: DYes [g] No 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes [gJ No 

If yes, briefly state the basis for your request: 1•,;; '.'(.'ili(i\)iiiJ)i~·~~E~i~!;~,·· )\!!I 

Should this appeal be referred to mediation? [gJ Yes D No 

If no, please spe:cify:l,·i\;,[\ ;;; ;> L •'i';';';;!;'•;\ :t<~if!}~·'!!~\;N;i}'lz;·~'' ;,{•' 'L'y'17j\~'':.f[~~~~Li!l !•!;i~?'i ,;;. ~%;;;~ ; ].~\G;lF<?il~~;~!l~ 

Has the case been through an ADR procedure? DYes [g] No 

If yes, who was the mediator?, ,,,,;;.\)!·ii:'0\C}]>f§{;¥• Jii!·•''~ 

What type of ADR procedure? ·~;;i~'i~''·'~li) 'Z· ·')[;2·.~.0~.~i1 

At what stage did the case go through ADR? 0Pre-Trial D Post-Trial D 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 issues or request additional relief): 

How was the case disposed of? 

Summary of relief granted, including amount of money judgment, and if any, damages awarded. f'lJIS~;.aiS,tlii~~.~aJoi'liCJ<ii9~rif<ll~tio~j;1 

'"'"no'e"judgment, what was the amount? Actual damages: 

I Ptmiltive (or similar) 

Page 5 of 10 
Attorney's fees (trial): 

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

Does judgment have language that one or more parties "take nothing"? D Yes ~ No 

Does judgment have a Mother Hubbard clause? DYes ~ No 

Other basis for finality? 

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

Please make my answer to the preceding questions known to other patties in this case. DYes ~ No 

Can the parties agree on an appellate mediator? DYes ~ No 

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

Name Address Fax 

Languages other than English in which the mediator should be proficient: 

Name of person filing out mediation section of docketing statement: 

Page 6 of 10 
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? D Yes ~ 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 ~ 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 ofHealth and Human Services Federal Poverty Guidelines? ~Yes 0 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? DYes ~ No 

If yes, 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). 

Signature of counsel (or prose party) 

Electronic Signature: 

(Optional) 

Page 7 of 10 

Date: 

State Bar No.: 
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all patties to the trial 

court's order or judgment as follows on !!l!l~ilfY23i:gtifS: 'Jl 

Signature of counsel (or pro se party) 

I P<lrs<m Served 

Electronic Signature: (S/Rid);ir<\ L.)\<tyt; 

(Optional) 

State Bar No.: 

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 patty's attorney, the name of the party represented by that attorney 

enter the following for each person served: 

Date Served: [ill\\j~\'f%?;'2il15' i ' 

Manner Served: R~~'vfm.:~~;!J.c''c,)i,j ~· '_ ;.1>; 

Name: 

Name: 

Suffix: tn;•.·t:••y ', '}.] 

Address 1: 

Address 2: 

CHy: 

State 

Telephone: 

Fax: (9'(fJ,)·~~S,G!>7<)§!. ;\;o. • 

j\¥a~~f®tii!i:l!nW~t~eH~wt99iil 

If Attorney, Representing Party's Name: Hbt~fe 1%e~'s~lilli'@'il!j\f~li;s~;;ii\'.cf ' 

Please enter the following for each person served: 

Page 8 of 10 
Date Served: 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Law Firm Name:Mffi'til1J\V~Ik~fii¢,¢((,> i> ··•••·•···· 

Address 1: 

Address 2: 

City: 

State 

Telephone: 

Fax: (§O:l)/~9~-;Q'I'?~'\i / · 

Email : \Us<iiii>Ut~~@ii\i!l1111yvaikerla\'l :C<Jili · 

If Attorney, Representing Party's Name: ~6~accPr;,J~i[S~Niii~)iiii;f~\liS~~lb ~ ... , ... "•cc' 

Please enter the following for each person served: 

Date Served: 

First Name: 

Middle Name: 

Address 1: 

Address 2: 

City: 

State 

Fax: 

Email: 

If Attorney, Representing Party's Name: f.i\~0\f~i~~~: 1) ; ~J;i~.si!i)iJJ,;;y;/:jf\~~)! 

Please enter the following for each person served: 

Page 9 of 10 
Date Served: 

Manner Served: i:c:''''il' ;:;: !'c· ·:;··~-· 

First Name: 

Middle Name: 

Suffix: 

Law Firm Nacm<>: ~,;,,;,;;; :·;·.-.··: >f\;:1-&;'f!j!(;!{,'~\/t; 

Address 1: 

Address 2: 

City: 

State 

Fax: 

Email: 

If Attorney, Representing Party's Name: 

Page 10of10 
c 

( 

CAUSE NO. CV04637 r-rr Fn FOR RECORfl 

2014 OEC 16 PH 3: 2 I 

RON SEALE, Individually and as the .COUNTY COURT AT LAW 

Representative of the Estate of 

CLARALA~ASEALE 

Plaintiff 

vs. 

HORACE TRUETT SEALE and wife, 

NAN SEALE, 

Defendants 

OF 

CHARLO ITt, a1 ['I . 

couumtmx. 1'iuz A no Wo' .. 1. 

BY--~-- /JtP. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ VANZANDT COUNTY, TEXAS 

ORDER 

On November 20, 2014, the Comt heard the Defendants' Motion to Dismiss fvr Lack of 

Jurisdiction. All paities we1·e represented by counsel. 

Having cvnsidered the motion, Plaintiff's response, the ~rgument!i of counsel, and the 

applicable law, the Court concludes that it lacla! jurlsdictlon over the Plaintiff's claims. It Js 

therefore ORDERED that Defendants' Motion to Dismiss for Lack of Jurisdiction is hereby 

GRANTED. 

. 16'14 SIGNED AND ENTERED on thw the~ day of December, 2014. 

/2adiL.Jr/Jvtl 

HONORABLE RANDALL. MCDONALD 

JUDGE PRESIDING 
CAUSE NO. CV04637 

RON SEALE, Individually and as the 

Representative of the Estate of 

CLARA LAVINIA SEALE 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

COUNTY COURT AT LAW 

Plaintiff 

vs. 

HORACE TRUETT SEALE and wife, 

NAN SEALE, 

Defendants 

PLAINTIFFS' NOTICE OF APPEAL 

Pursuant to Rule 25.1 of the Texas Ru1es of Appellate Procedure, Ron Seale, 

Individually and as the Representative of the Estate of Clara Lavinia Seale, the Plaintiffs 

in the above-styled and numbered action file this notice of appeal to the Twelfth Distdct 

Court of Appeals (Tyler). Plaintiffs desire to appeal from the judgment l'endered against 

Plaintiffs and in favor of the Defendants by the County Court at Law of VanZandt 

County, Texas on December 16,2014. 

Dated this the 12th day of January, 2015. 

Respectfully submitted, 

~ THATCHER~'El SATLAW,P.C. 

By: 

ATTORNEY FOR PLAINTIFFS 

PLAINTIFFS' NOTICE OF APPEAL 

Cause No. CV04637; Ron Seale eta! vs, Horace Truett Seale et ux Page 1 
... 

CERTIFICATE OF SERVICE 

I certify that on January 12, 2015, I deposited in the United States Mail a true 

copy of the preceding notice of appeal addressed to attorney of record for Defendants by 

certified mail, return receipt requested (#7012 3050 0000 1271 7774) as follows: 

Mr. John F. (Jack) Walker, III 

Martin Walker, P.C. 

The Arcadia Theater 

121 N. Spring Avenue 

Tyler, Texas 75702 

Dated the 12th day of January, 2015. 

PLAINTIFFS' NOTICE OF APPEAL 

Cause No. CV04637; Ron Seale eta/ vs. Horace Tiwett Seale et ux 

I 

Page2