Appellate Docket Number. 

Aveleeceeewle 

Vs. 

Companion Case No: ‘ Amended/conected statement: x DOCKETING STATEMENT (Civil) 

Appellate Coun: 

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

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Pagel of 10

ACCEPTED

14-15-00101-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

2/16/2015 10:58:50 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/17/2015 9:11:00 AM CHRISTOPHER A. PRINE Clerk
City: 

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Page 3 of 10
V. Perfection Of Appeal And Jurisdiction 

Nature of Case (Subject matter or type of case): Professional Malpractice 

Date order or judgment signed: February 2, 2015 Type of judgment: Interloeutory Order 

Date notice of appeal filed in trial court: February 3, 2015 

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

Iriterlocutory appeal of appealable order: Yes |:| No 

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

Civ: Prac. & Rem: Code Section SL016 & 9 USC l6(a)(l)(C); alternatively Civ. Prac, & Rem. Code Section 171.098 

Accelerated appeal (See TRAP 28): lXl Yes D N0 

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

Civ. Prac. & Rem: Code Section 28.1(a) 

Parental Termination or Child Protection? (See TRAP 28.4): |:]Yes E] No 

Permissive? (See TRAP 28.3): D Yes E No 

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

Agreed? (See TRAP 282): I1 Yes E N0 

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

Appeal should receive precedence, preference, or priority under statute or rule: l:l YC5 N0 

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

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

Judgment or order disposes of all parties and issues: D Yes E No 

Appeal from final judgment: D Yes E No 

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

VI. Actions Extending Time To Perfect Appeal 

Motion for New Trial: |:| Yes E No Ifyes, date filed: 

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

Request for Findings of Fact D Yes E No lfyes, date filed: 

and Conclusions of Law: 

Motion to Reinsme: |:[Yes E No If yes, date filed: 

Motion under TRCP 306a: D Y“ E M’ If-V65’ date filed: 

Other: |:|Yes E No 

If other, please specify: 

VH. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) 

Affidavit filed in trial court: D Yes D No Ifyes, dale filed: 

Contest filed intrial court: l:lYeS N0 1f.V0S«, (1310 mcdi 

Date ruling on contest due: 

Ruling on contest: |:] Sustained |:] Ovemtled Date of ruling; 

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VIII. Bankruptcy 

If yes, please attach a copy of the petition. 

Date bankruptcy filed: 

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? |:| Yes E No 

Bankruptcy Case Number: 

IX. Trial Court And Record 

Court: 215th Judicial District 

County: Harris 

Trial Court Docket Number (Cause No.): 2012-45412 

Trial Judge (who tried or disposed of case): 

First Name: Elaine 

Middle Name: H. 

Last Name: Palmer 

Suffix: 

Address 1: Harris County District Courthouse 

Address 2 : 201 Caroline, 13th Floor 

City: Houston 

State: Texas Zip+4: 77002 

Telephone: (713) 368-6330 ext. 

Fax: 

Email: 

Clerk's Record: 

Trial Court Clerk: X] District lj County 

Was clerk's record requested? |X| Yes |:| No 

If yes, date requested: February 3, 2015 

If no. date it will be requested: 

Were payment arrangements made with clerk? 

g|Yes D No Dlndigent 

(Note: No request required under TRAP34.5(a),(b)) 

Reporter's or Recorder's Record: 

Is there a reporter's record? Yes |:| No 

Was reporter's record requested? E Yes [:| No 

lfyes, date requested: Febmary 3, 2015 

Ifno, date it will be requested: 

Was there a reporter's record electroriically recorded‘? Yes |:| No 

Were payment arrangements made with the court reporter/court recorder? yes D No Dlndigent 

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|X| Court Reponer |:| Court Recorder 

E Official |:I Substitute 

First Name: Cantrece 

Middle Name: 

Last Name: Addison 

Suffix: 

Address 1: Harris County District Courthouse 

Address 2: 201 Caroline, 13th Floor 

City: 

State: Texas Zip+4: 77002 

Telephone: 713-368-6335 ext. 

Fax: 

Email: cantrece_addison@justex:net 

X. Supersedeas Bond 

Supersedeas bond f1led:|:|Yes No lfyes. date filed: 

Will file: |:|Yes E No 

XI. Extraordinary Relief 

Will you request extraordinary relief (e.g, temporary or aneillar_v relief) from this Court? |:| Yes No 

If yes, briefly state the basis for your request: 

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) 

Should this appeal he referred to mediation? D Yes E No 

Ifno. please specify: 

Has the 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? |:] Pi-e—Tna1 |:] Post—Tnal |:] Other 

If other, please specify: 

Type of case‘? Professional Malpractice 

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): 

Is partner suing derivatively on behalf of partnership bound by partnership's agreement to arbitrate; seeking order compelling partner to arbitration 

pursuant to agreement; de novo 

How was the ease disposed 017 Other 

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: 

Page6of1O
Attorney's fees (trial): 

Attorney's fees (appellate): 

Other: 

If elhefi Please SPeeifY= 

Will you challenge this Court's jurisdiction? |:] Yes E No 

Does judgment have language that one or more parties "take nothing"? |:| Yes E No 

Does judgment have a Mother Hubbard clause? |:]Yes E No 

Other basis for finality? 

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

Please make my answer to the preceding questions known to other parties in this case. E Yes |:| No 

Can the parties agree on an appellate mediator? E] Yes E No 

l.fyes, please give name, address, telephone, fax and email address: 

Name Address Telephone Fax Email 

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

Name of person filing out mediation section of docketing statement: 

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

vockemmnber: mu com: 

We 

Page7 of 10
XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) 

The Courts of Appeals listed above, in conjunction witlt 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 lntemet at 

www.tex-apporg. 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 lntemet sites and Listsew to its pool of volunteer appellate 

attorneys. 

Do you want this case to be considered for inclusion in the Pro Bono Program? |:| 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? D 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 of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of 

the US Department of Health and Human Services Federal Poverty Guidelines? D Yes No 

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the intemet at http://asmhhs.gov/poverty/Ofipovertv.shtml. 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes N0 

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 

art 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 1 use a separate attachment, if necessary). 

XV. Signature 

Signature of counsel (or pro se party) Date: February 16, 2015 

Printed Name: Stacey Neumann Vu State Bar No.: 24047047 

Electronic Signature: Stacey Neumaim Vu 

(Optional) 

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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 Febmaly 16, 2015 

Signature of counsel (or pro se party) Electronic Signature: Stacey Neumann Vu 

(Optional) 

State Bar No:: 24047047 

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 

Please enter the following for each person served: 

Date Served: February 16, 2015 

Manner Served: eServed 

First Name: Lance 

Middle Name: Chrislophfif 

Last Name: Kassab 

Suflix: 

Law Firm Name; The Kassab Law Firm 

Address 1: 1420 Alabama 

Address 2: 

City: Houston 

State Texas Zip+4: 77004 

Telephone: (713) 522-7400 ext. 

Fax: (713) 522-7410 

Email; lck@texaslegalmalpractice.com 

If Attorney, Representing Par1y's Name: Immobiliere Jeuness Esmblissement 

Please enter the following for each person served: 

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veeeseevee: 

Mae-nee served: 

Fnsrnemez 

1vIidd1eName: 

LastName: 

sense:

LawFirmName: j Address 1: 

Address 2: 

City: 

seeee 

Fax:

Telephone: j ‘ - ext.

zep+4:2 j Email: 

nArrorney, Represennng Party's Name: 

Please enter the following for each person served: 

neeeseevea: 

Manner sewed: m Name: 

Middle Name: 

LastN8IneI 

Sufflxi - Address 1: 

Address 2: 

City: 

State 

Fax:

Telephone: _ — - ext.

Zip+4:2 ‘ Email: 

If Attorney. Representing Pany's Name: 

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