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Appellate Docket Number: 05-15-001177CV FILES IN Appellate Case Style: GUARDIANSHIP STJB ©OUW OF AffEAL8 Vs. m *CT -8 PH * 2M Companion Case No.: PR-10-00865-2 ISA MAT? <•; :-'^K Companion Case No.: PR-10-00866-2 Lwn '"' "

Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: 5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) 1. Appellant II. Appellant Attorney(s) £<] Person [~J Organization (choose one) f~J Lead Attorney First Name: First Name: Sonja Middle Name: Middle Name: Yvette Last Name: Last Name: Webster Suffix: Law Firm Name: Suffix: ProSe: (•) Address 1: Address 1: 2529 Pepperidge Drive Address 2: Address 2: City: City: Garland State: Texas Zip+4: State: Texas Zip+4 75044 Telephone: ext.

Telephone: 972-530-3152 ext. Fax: Fax: Email: Email: [email protected] SBN:

UL Appellee IV. Appellee Attoraey(s) |7J Person ^Organization (chooseone) r~| Lead Attorney Organization Name: Shelly West, Attorney AdLitem AndGuardg First Name: First Name: Shelly Middle Name: Middle Name: Last Name: Last Name: West Suffix:

Pagel of 9 Suffix: Law Firm Name: ProSe: o Address 1: Address 2: City: State: Texas Zip* 4: Telephone: ext.

Fax: Email: SBN:

Page 2 of 9 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Other Date order or judgment signed: Ji% 2,2015 Type ofjudgment: Date notice of appeal filed in trial court: September 28,2015 If mailed to the trial court clerk, also give the date mailed: September 28,2015 Interlocutory appeal of appealable order: [~| Yes ^ No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): • Yes IEI No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP28.4): [~jYes [l]No Permissive? (See TRAP 28.3): DYes ^ No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): • Yes E3 No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: l_l Yes £3 No If yes, please specify statutory or other basis for such status: Doesthis case involvean amount under$100,000? ^ Yes |~~JNo Judgment ororder disposes ofallparties and issues: £3 Yes |~~jNo Appeal from final judgment: gjYesDNo Does the appeal involve the constitutionality or the validity ofa statute, rule, or ordinance? • Yes ^No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: g| Yes • No If yes, date filed: October 19,2015 Motionto Modify Judgment: DYes §No If yes, date filed: Request forFindings of Fact [g| Yes • No If yes, date filed: July 22,2015 and Conclusions of Law: MYes riNo If yes, date filed: July 28,2015 Motion to Reinstate: ^ L-J n Yes S3 No If yes, date filed: Motion under TRCP 306a: Other: DYes fj No If other, please specify: VII. Indigency OfParty: (Attach file-stamped copy ofaffidavit, and extension motion if filed.)

Affidavit filed in trial court: G3 Yes • No Ifyes, date filed: September28,2015 Contest filed intrial court: DYes • No Ifyes, date filed: Date ruling on contest due: Ruling on contest: • Sustained D Overruled Date ofruling: Page 3 of 9 VHJL Bankruptcy Has any party to the court'sjudgment filed for protection in bankruptcy whichmight affectthis appeal? DYes K No If yes, please attach a copy ofthe petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Conrt And Record

Court: Dallas Cki^My I^bate CotJrt2 Clerk's Record: County: Dallas TrialCourtClerk: • District ^ County Trial Court Docket Number (Cause No.): 05-15-001177CV Wasclerk's recordrequested? £<] Yes fj No If yes, date requested: September28,2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Ingrid Werepaymentarrangements made with clerk?

Middle Name: M. •Yes rjNo ^Indigent Last Name: Warren (Note:No request required under TRAP 34.5{a),(b)) Suffix: Address 1: 509 Main Street, 2nd Floor Address 2: City: Dallas State: Texas Zip + 4: 75202 Telephone: ext.

Fax: Email: [email protected]

Reporter's or Recorder's Record: Isthere areporter's record? ^ Yes • No Was reporter's record requested? [3 Yes QNo Was there areporter's record electronically recorded? g] Yes • No If yes, date requested: July 2,2015 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? ^ Yes • No rjlndigent

Page 4 of 9 ^ Court Reporter • Court Recorder • Official • Substitute

First Name: Andrea Middle Name: L.

Last Name: Reed Suffix: Address 1: 509 Main Street, Suite 211 Address 2: City: Dallas State: Texas Zip 4 4: 75202 Telephone: 214-653-7737 ext.

Fax: Email: [email protected] X. Supersedeas Bond Supersedeas bond filed: • Yes ^ No Ifyes, date filed: Will file: DYes g| No

XL Extraordinary Relief Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? g] Yes • No Ifyes, briefly state the basis for your request: Temporary Orders For Wards to live wilh me meirbiologicalmotherduring appeal.

XII. Alternative Dispute Resomtkm/Mediation (Complete section iffiling in the 1st, 2nd, 4th, Sth, <th,8th, 9th, 10th, Uth, 12th, 13th, or Uth Court ofAppeal) Should this appeal be referred to mediation? «™ Yeg j—j No If no, please specify: Has the case been through an ADR procedure? fjYes IEI No If yes, who was the mediator?

What type of ADR procedure?

At what stage did the case go through ADR? Q Pre-Trial • Post-Trial • Other If other, please specify: Tvnp ot o3SC' Give abriefdescription ofthe issue to be raised on appeal, the reliefsought, and the applicable standard for review, ifknown (without prejudice to the right to raise additional issues or request additional relief): NoEvid^a^FailuretoFoUowEstateCo^ How wasthe casedisposed of? Trial Summary ofreliefgranted, including amount ofmoney judgment, and ifany, damages awarded. Removal OfGuardian Ifmoney judgment, what was the amount? Actual damages: Punitive (orsimilar) damages: . —— Page 5 of 9 Attorney's fees (trial): $30,000.00 Attorney's fees (appellate): Other: If other, please specify:

Willyouchallenge this Court's jurisdiction? • Yes £3 No Does judgment have language thatoneormore parties "take nothing"? • Yes ^ No Does judgment havea Mother Hubbard clause? • Yes £3 No Otherbasisfor finality? Fifth CourtAppeal Mandamus Judgment "In RED SonjaY. Webster- Rate the complexity ofthe case (use 1for least and 5 for most complex): • 1 • 2 • 3 ^4 • 5 Please make my answer tothe preceding questions known toother parties inthis case. QYes ^ No Can the parties agree onanappellate mediator? • Yes ^ No If yes, please give name, address,telephone, fax and email address: Name Address Telephone Fax Email

Languages otherthanEnglish in which the mediator should be proficient: None Name ofperson filing out mediation section ofdocketing statement: Sonja Yvette Webster

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: 05-15-001177CV Trial Court: Dallas County Probate Court 2 Style: SONJA YVETTE WEBSTER Vs.

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: 05-15-001178CV Trial Court: Dallas County Probate Court 2 Style: SONJA YVETTE WEBSTER Vs.

Page 6 of 9 «*^«*«#«WW1^s^,*fi»«!«*ja«w^?«it•**

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 ifyou 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, throughselectedInternetsites and Listservto its pool of volunteerappellate attorneys.

Doyouwant this case to be considered for inclusion inthePro Bono Program? ^ Yes fj No Doyou authorize the ProBono Committee to contact yourtrialcounsel of record inthismatter to answer questions the committee mayhave regarding the appeal? E3 Yes LJ No Please notethatany such conversations would be maintained as confidential by the Pro Bono Committee andthe information usedsolely for the purposes of considering the case for inclusion in the Pro Bono Program.

Ifyou have not previously filed an affidavit of Indigency and attached a file-stamped copy ofthat affidavit, does your income exceed 200% of the U.S. Department ofHealth and Human Services Federal Poverty Guidelines? Q Yes E3 No These guidelines can befound inthe Pro Bono Program Pamphlet aswell ason the internet athttp://aspe.hhs.gov/povertv/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? |X| Yes [J No Ifyes, please attach an Affidavit ofIndigency completed and executed by the appellant orappellee. Sample forms may be found in the Clerk's Office oron the internet athttp://www.tex-app.org. Your participation inthe Pro Bono Program may beconditioned upon your execution of an affidavit under oath as to your financial circumstances.

Give a briefdescription ofthe issues to be raised on appeal, the relief sought, and the applicable standard ofreview, ifknown (without prejudice tothe right to raise additional issues orrequest additional relief; use a separate attachment, ifnecessary).

XV. Signature

Signature of counsel(or pro se party) Date: October 8,2015

Printed Name: /s/ Sonja Webster State Bar No.:

Electronic Signature: /s/ SonjaWebster (Optional)

Page 7 of9 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

Signature ofcounsel (or prose party) Electronic Signature: /s/Sonja Vvette Webster (Optional) State Bar No.: Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate ofservice must besigned bythe 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 theperson served is a party's attorney, thename of theparty represented by thatattorney Please enter the following for each person served: Date Served: October 8,2015 Manner Served: Email First Name: SneUy Middle Name: Last Name: West Suffix: Law Firm Name: The Law Offices Of SHELLY B. WEST Address 1: 5005 Greenville Ave., Suite 200 Address 2: City: Dallas State Texas Zip+4: 75206 Telephone: 214-373-9292 ext.

Fax: 214-363-9979 Email: [email protected] If Attorney, Representing Party's Name: Please enter the following for each person served:

Page 8 of9 Date Served: October 8,2015 Manner Served: Email First Name: Myra Middle Name: Last Name: Kirkland Suffix: LawFirm Name: MyraKirkland, attorney for Dallas County Cog Address 1: 509 Main Street, 2nd Floor Address 2: City: Dallas State Texas Zip4-4: 75202 Telephone: 214-653-6071 ext.

Fax: Email: MyraJciridUind^&illascounty.org If Attorney, Representing Party's Name: Please enter the following for each person served: Date Served: Manner Served: First Name: Middle Name: Last Name: Suffix: Law Firm Name: Address 1: Address 2: City: State Texas Zip+4: Telephone: ext- Fax: Email: If Attorney, Representing Party's Name:

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