Appellate Docket Number: 05—17—00601—cv 

Appellate Case Style: In the Interest of L.M., D.M. and J .M., Children 

Vs. 

Companion 

Case(s): 

Amended/Corrected Statement DOCKETING STATEMENT (Civil) 

Appellate Court: 5th Court of Appeals

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

NOTE: Because spacefbr addftionalparties / attorneys is limited on thisfarrn, you can include the in/brrnatian an a separate document. As per TRAP 

32.1 and 9.4, please include par1y’s name and the name, address, email address, telephone number, font number, ff any, and State Bar Number qf the 

party ’s lead counsel, [f the party is not represented by an attorney, that party '5 name, address, telephone number, fax number should be provided. 

I. Appellant II. Appellant Attorney(s) - Continued 

x Person Organization Lead Attorney 561601 

Name: Mitzy Lomack Name: Kimberly A. Guest 

Pro Se Bar No. 00792979 

If Pro Se Party, enter the following information: Firm Name: Guest & ASS0Ciat6S, P-C 

Address: Address 1: 421 E. Airport Freeway, Suite 115 

City/State/Zip: Address 2: 

Tel. Ext. Fax: City/State/Zip: Irving, Texas 75062 

Email; Tel, (972) 594-1133 Ext_ Fax; (972) 570-4498 

11- Appellant Attorney“) Email; Kim@GuestAndAssociates.c0m 

Lead Attorney Select Lead Attorney S 81 8 ct 

Name: Name: 

Bar No’ Bar No. 

Firm Name: Firm Name: 

Address 1: Address 1: 

Address 2: Address 2: 

C“Y/5‘a‘e’ZiP3 City/State/Zip: 

Tel’ Ext’ Fax: Tel. Ext. Fax: 

Email: Email: 

Lead Attorney Select Lead Attorney 35190‘ 

Name: Name: 

Bar NO‘ Bar No. 

Firm Name: Firm Name: 

Address 1: Address 1: 

Address 2: Address 2: 

City/State/Zip: City/State/Zip: 

Tel. Ext. Fax: Tel. Ext. Fax: 

Email: Email: 

Page 1 of 10

ACCEPTED

05-17-00601-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

3/26/2018 11:05 AM

LISA MATZ

CLERK

05-17-00601-CV

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/26/2018 11:05:53 AM LISA MATZ Clerk
III. Appellee IV. Appellee Attorney(s) - Continued 

X Person Organization 

Name: Alfred J . McClought 

Pro Se 

If Pro Se Party, enter thefallowing information: 

Address: 

City/State/Zip: 

Tel. Ext. Fax: 

Email: 

IV. Appellee Att0rney(s) 

Lead Attorney 361601 

Name: 

Bar No. 

Firm Name: 

Address 1: 

Address 2: 

City/State/Zip: 

Tel. - Ext. Fax: - 

Email: 

Lead Attorney Select 

N3-mC5Julie Johnson 

Bar N0-24050830 

Firm Name3Attomey at Law 

Addréss 11411 Highway 67 

Address 2: 

C1itY/state/Zip3Duncanville, Texas 75137 

Te1.(460) 268-7322 Ext. Fax: (972) 947-4066 

Emaildulie JohsonTX@Yaho0.com 

Lead Attorney Select 

Name: 

Bar No. 

Firm Name: 

Address 1: 

Address 2: 

City/State/Zip: 

Tel. Ext. Fax: 

Email 2 

Lead Attorney Select 

Name: 

Bar No. 

Firm Name: 

Address 1: 

Address 2: 

City/State/Zip: 

Tel. Ext. Fax: 

Email: 

Lead Attorney Select 

Name: 

Bar No. 

Firm Name: 

Address 1: 

Address 2: 

Tel. Ext. Fax: 

Fax: 

Email: 

Page 2 of 10
V. Perfection of Appeal, Judgment and Sentencing 

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

Date Order or Judgment signed: 03/26/2018 Type of Judgment: Bench Trial 

Date Notice of Appeal filed in Trial Court: 06/06/2017 

If mailed to the Trial Court clerk, also give the date mailed: 

Interlocutory appeal of appealable order: Yes X No 

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

Accelerated Appeal (See TRAP 28): Yes X No 

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

Parental Termination or Child Protection? (See TRAP 28.4): Yes X No 

Permissive? (See TRAP 28.3): Yes X No 

If yes, please specify statutory or other basis for such status: 

Agreed? (See TRAP 28.2): Yes X No 

If yes, please specify statutory or other basis for such status: 

Appeal should receive precedence, preference, or priority under statute or rule? Yes X No 

If yes, please specify statutory or other basis for such status: 

Does this case involve an amount under $ 100,000? Yes X No 

Judgment or Order disposes of all parties and issues? X Yes No 

Appeal from final judgment? X Yes No 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes X No 

VI. Actions Extending Time To Perfect Appeal 

Motion for New Trial: Yes X No If yes, date filed: 

Motion to Modify Judgment: Yes X No If yes, date filed: 

Request for Findings of Fact and Conclusions of Law: 

Yes X No If yes, date filed: 

Motion to Reinstate: Yes X No If yes, date filed: 

Motion under TRCP 306a: Yes X No If yes, date filed: 

Other: Yes X No 

If Other, please specify: 

Page 3 of 10
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) 

Was Statement of Inability to Pay Court Costs filed in the trial court? 

If yes, date filed: 

Was a Motion Challenging the Statement filed in the trial court? 

If yes, date filed: 

Was there any hearing on appellant’s ability to afford court costs? 

Hearing Date: 

Did trial court sign an order under Texas Rule of Civil Procedure 1457 

Date of Order: 

If yes, trial court finding: Challenge Sustained 

Yes x No 

Yes x No 

Yes X No 

Yes X No 

Overruled 

VIII. Bankruptcy 

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

Yes X No 

If yes, please attach a copy of the petition. 

Date bankruptcy filed: 

Bankruptcy Case Number: 

IX. Trial Court and Record 

Court: 255th 

County: Dallas 

Trial Court Docket No. (Cause No.): 

DF-14-23631 

Trial Court Judge (who tried or disposed of the case): 

Name: Kim Cooks 

Address 1: 600 Commerce 

Address 2: 4th Floor East Tower 

City/State/Zip: Dallas, Texas 75202 

Te1.(2l4) 653-6159 Ext. Fax: 

Email : 

Clerk’s Record 

Trial Court Clerk: |/ District County 

Was Clerk’s record requested? I/ Yes No 

If yes, date requested: 03/26/2018 

If no, date it will be requested: 

Were payment arrangements made with clerk? 

V Yes No 

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

Indigent 

Page 4 of 10
IX. Trial Court and Record - Continued 

Reporter’s or Recorder’s Record 

Is there a Reporter’s Record? X Yes No 

Was Reporter’s Record requested? X Yes No 

If yes, date requested: 06/07/2017 

If no, date it will be requested: 

Was the Reporter’s Record electronically recorded? X Yes No 

Were payment arrangements made with the court reporter/court recorder? X Yes No Indigent 

X Court Reporter Court Recorder Court Reporter Court Recorder 

Official Substitute Official Substitute 

Name: Joie Rivera Name: 

Address 1: 600 Commerce Street, 4th Floor Address 1: 

Address 2: Address 2: 

City/State/Zip: Dallas, Texas 75202 City/State/Zip: 

Tel. (214) 653-6520 Ext. Fax: Tel. Ext. Fax: 

Email: Email: 

X. Supersedeas Bond 

Supersedeas bond filed? Yes X No 

If yes, date filed: 

If no, will file? Yes No 

XI. Extraordinary Relief 

Will you request extraordinary relief (e. g., temporary or ancillary relief) from this Court? Yes X No 

If yes, briefly state the basis for your request: 

Page 5 of 10
XII. Alternative Dispute Resolution/Mediation 

(Complete section if filing in the 15‘, 2"“, 5"‘, 6"‘, 8”‘, l0“', 13"‘, or 14"‘ Court of Appeals.) 

Should this appeal be referred to mediation‘? Yes x No 

If no, please specify: Issues will not be resolved at mediation 

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? Divorce [El 

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): 

Was the Court in error in finding certain funds to be seporate property and ordering reimbursment. 

How was the case disposed of? Final Judgment 

Summary of relief granted, including 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): 

Attomey’s fees (appellate): 

Other: 

If other, please specify: Divorce, Property Divsiion and Parental Rights 

Will you challenge this Courfsjurisdiction? Yes X No 

Does judgment have language that one or more parties “take nothing”? Yes X No 

Does judgment have a Mother Hubbard clause? X Yes No 

Other basis for finality: 

Page 6 of 10
XII. Alternative Dispute Resolution/Mediation - Continued 

(Complete section if filing in the 1", 2"“, 5”‘, 6"‘, 8”‘, 10*, 13"‘, or 14"‘ Court of Appeals.) 

Rate the complexity of the case (use 1 for least and 5 for most complex): X 1 X 2 3 4 5 

Please make my answer to the preceding questions known to other parties in this case? x Yes No 

Can the parties agree on an appellate mediator? Yes x No 

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

Name: 

Address: 

Telephone: Ext. 

Fax: 

Email: 

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

Name of the person filling out mediation section of docketing statement: 

XIII. Related Matters 

List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. 

Court: Select Appellate Court Docket: 

Style: 

Vs. 

Court: Select Appellate Court Docket: 

Style: 

Vs. 

COU-F11 Select Appellate Court D0Ck€t3 

Style: 

Vs. 

COIIITI Select Appellate Court D0Ck€t2 

Style: 

Vs. 

COUIII Select Appellate Court DOCKCE 

Style: 

Vs. 

COUFII Select Appellate Court D0Ck€t5 

Style: 

Vs. 

Page 7 of 10
XIV. Pro Bono Program: 

(Complete section if filing in the 1“, 2"“, 3"’, 5"‘, 7"‘, 13"‘ or 14“' Court 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 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—f1ve (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? El Yes l:lNo 

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‘? I] Yes [:INo 

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 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? I:IYes I:INo 

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the intemet at 

http://aspe.hhs.gov/poverty/Oépovertv.shtml. 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? [I Yes I:INo 

If yes, please attach a Statement of Inability to Pay Court Costs 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-apporg. 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 issues or request additional relief; use a separate attachment, if 

necessary). 

1. Was the Court in error in finding certain funds from a personal injury settlement to be the seporate property of the Appellee? 

2 Relief sought setting aside the Trial Court's determination that funds were seporate property and setting aside the award of 

reimbursment to Appellee from the proceeds of the sale of certain real property based on the seporate status of such ropeity. 

Page 8 of 10
XV. Signature 

03/02/201 8 

Signature of counsel (or Pro Se Party) Date 

Kimberly A. Gest 007992979 

Printed Name State Bar No. 

/s/Kimberly A. Guest Kimberly A’ Gest 

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 

parties to the Trial Court’s Order or Judgment as follows on: 

/s/Kimberly A. Guest 

Signature of counsel (or Pro Se Party) Electronic Signature (Optional) 

007992979 

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) ifthe person served is a party’s attorney, the name ofthe party represented by the attorney. 

Page 9 of 10
I Please enter the following for each person served: 

Date Served: Date Served: 

Manner Served: eServe E Manner Served: Select 

Name: Name: 

Bar No. Bar No. 

Firm Name: Firm Name: 

Address 1: Address 1: 

Address 2: Address 2: 

City/State/Zip: City/State/Zip: 

Tel.- Ext. Fax: - Tel. Ext. Fax: 

Email: Email: 

Party: Alfred J. Mcclought Party: Alfred J. McClought 

Date Served: Date Served: 

Manner Served: Select Manner Served: Select 

Name: Name: 

Bar No. Bar No. 

Firm Name: Firm Name: 

Address 1: Address 1: 

Address 2: Address 2: 

City/State/Zip: City/State/Zip: 

Tel. Ext. Fax: Tel. Ext. Fax: 

Email: Email: 

Party: Alfred J . McClought Party: Alfred J. McClought 

Date Served:03/26/2013 

Manner Served: eServe E Name: Julie Johnson 

Bar No. 24050830 

Firm Name:Attomey at Law 

Address l:4ll Highway 67 

Address 2: 

City/State/Zil33 Duncanville, Texas 75137 

Tel. (460) 268-7322 Ext. Fax: (972) 947-4066 

Email: Julie Johs0nTX@Yahoo.c0m 

Party; Alfred J. McCl0ugl1t 

Page 10 of 10