Appellate Docket Number: 

Appellate Case Style: The Estate of Donald H. Williams, Deceased 

Companion Case No.: 

Amended/corrected statement: DOCKETING STATEMENT (Civil) 

Appellate Court: lst Court of Appeals 

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

I. Appellant 

~ Person 0 Organization (choose one) 

First Name: ffrac 

Last Name: 

Suffix: 

ProSe: 0 

III. Appellee 

~ Person 0 Organization (choose one) 

First Name: 

Middle Name: ' ichelle 

~~~--------------------~----~ Last Name: illiams 

Suffix: -

ProSe: 0 

II. Appellant Attorney(s) 

IZJ Lead Attorney 

First Name: 'Timothy 

Address I : 

Address 2: 

City: 

State: Zip+4: ~~.. i17:..:. o:.. 3 ___ ___, 

Telephone: -:-: 13;-:.2::-;4:-;; 7-;:;: .9"=' 54""8:-----. ext. -

Email: 

SBN : 09965450 

IV. Appellee Attorney(s) 

IZJ Lead Attorney 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Address 1: 

Address 2: 

City: 

State: 

Telephone: 

Fax: 

Email: 

SBN: 

Page 1 of? 

ACCEPTED

01-15-00670-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/22/2015 1:41:09 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 1:41:09 PM CHRISTOPHER A. PRINE Clerk
V. Perfection Of Appeal And Jurisdiction 

Nature of Case (Subject matter or type of case): Estate proceedings and Administration 

Date order or judgment signed: Type of judgment: Summary Judgment 

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 ~ No 

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

Accelerated appeal (See TRAP 28): DYes~ No 

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

Permissive? (See TRAP 28.3): DYes ~No 

Appeal should receive precedence, preference, or priority under statute or rule: DYes ~No 

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

Does this case involve an amount under $1 00,000? ~ Yes DNo 

Judgment or order disposes of all parties and issues: ~ Yes DNo 

Appeal from final judgment: ~Yes DNo 

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

VI. Actions Extending Time To Perfect Appeal 

Motion for New Trial: ~Yes DNo If yes, date filed: ay 20, 2015 

Motion to Modify Judgment: DYes DNo If yes, date filed : 

Request for Findings of Fact DYes DNo If yes, date filed : 

and Conclusions of Law: 

Motion to Reinstate: DYes DNo If yes, date filed : 

Motion under TRCP 306a: DYes DNo If yes, date filed : 

Other: DYes DNo 

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: 

Date ruling on contest due: 

Ruling on contest: D Sustained 

DYes D No 

DYes D No 

D Overruled 

Ifyes, date fil ed: 

If yes, date filed: ~------------~ 

Date of ruling: 

Page 2 of? 
VIII. Bankruptcy 

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

Ifyes, please attach a copy of the petition. 

Date bankruptcy filed: Bankruptcy Case Number: 

IX. Trial Court And Record 

Court: Probate Court No. 3 Clerk's Record : -------------------------

DYes ~No 

Trial Court Clerk: D District ~ County 

Trial Judge (who tried or disposed of case): 

First Name: 

Middle Name: R "-;;__ ________________ ~---~-

Last Name: Olsen 

~~----------------------------~ 

Suffix: -

Address 1: QO I Caroline St, 7th Fl 

Address 2: 

City: 

State: 

Telephone: 

Fax: 

Email: 

Reporter's or Recorder's Record : 

Is there a reporter's record? 

Was reporter's record requested? 

DYes [8J No 

DYes ~No 

Was clerk's record requested? [8J Yes D No 

Were payment arrangements made with clerk? 

[g!Yes DNo Dindigent 

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

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

Ifyes, date requested: .,1 ;;./A-., _______ ...~ 

If no, date it will be requested: ..._ ________ _ 

Were payment arrangements made with the court reporter/court recorder? DYes D No Dindigent 

Page 3 of? 
0 Court Reporter 

0 Official 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Address 1: 

Address 2: 

City: 

State: exas 

Fax: 

Email: 

X. Supersedeas Bond 

D Court Recorder 

D Substitute 

Zip +4: 

ext. 

Supersedeas bond filed : DYes IZJ No If yes, date filed: 

Will file: D Yes D No 

XI. Extraordinary Relief 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? DYes IZJ 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, lOth, lith, 12th, 13th, 

or 14th Court of Appeal) 

Should this appeal be referred to mediation? DYes IZJ No 

If no, please specify:.._ _____________ _ 

Has the case been through an ADR procedure? DYes IZJ No 

lfy9 ,whow~iliemedi~o~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ What type of ADR procedure? 

At what stage did the case go through ADR? 0 Pre-Trial D Post-Trial IZJ Other 

Type of case? 1 state roceedings and inistration 

Give a brief description ofthe 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): 

nether Texas recognizes ai:loption y estoppel. 

How was the case disposed of? Summary 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: 

Page 4 of? 
Attorney's fees (trial): 

Attorney's fees (appellate): 

Other: 

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

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

Does judgment have a Mother Hubbard clause? DYes rgj No 

Other basis for finality? 

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

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

Can the parties agree on an appellate mediator? DYes rg] No 

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

Name Address Telephone 

rgj Yes D No 

Fax Email 

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

Name of person filing out mediation section of docketing statement: Tim ~~~==============~ Hootman ----~------------------------------~ 

XIII. Related Matters 

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

Docket Number: 

~----------------------~ 

Style: 

Vs. 

Page 5 of? 
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 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 1ZJ 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 IZJ 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? DYes IZJ 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 IZJ 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 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 prose party) 

Printed Name: ifimothY. A. Hootman 

Electronic Signature: 

(Optional) 

Date: October 22, 20 15 

State Bar No.: 09965450 

Page 6 of? 
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 October 22 2015 

Signature of counsel (or prose party) Electronic Signature: 

(Optional) 

State Bar No.: 09965450 ;....;... ____ _... 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: October 22, 2015 

Manner Served: !Email 

~~~--------------~ 

First Name: ' athleen 

Middle Name: ..-.------~~--~~-~~---..~ 

Address 1: 

Address 2: 

City: Houston 

State 7027 

Fax: 

Email: 

If Attorney, Representing Party's Name: 

Page 7 of?