ACCEPTED 14-15-00629-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 8/26/2015 5:55:59 PM Appellate Docket Number: 14-15-00629-CV CHRISTOPHER PRINE CLERK Appellate Case Style: Haven Chapel United Methodist vs. Brazoria County Commissioner’s Court, William Michael Leebron II, and Marlene Mouchette FILED IN 14th COURT OF APPEALS DOCKETING STATEMENT (CIVIL) HOUSTON, TEXAS First Court of Appeals 8/26/2015 5:55:59 PM [to be filed in the court of appeals upon perfection of appeal CHRISTOPHER A. PRINE under TRAP 32] Clerk I. Parties (TRAP 32.1(a), (e)): Appellant(s): Appellee(s): Haven Chapel United Methodist Church Brazoria County Commissioner’s Court William Michael Leebron II Marlene Mouchette

Attorney (lead appellate counsel): Attorney (lead appellate counsel, if known; if not, then trial counsel): Veronica L. Davis Mary Shine Russell Briggs

Address (lead counsel): Address (lead appellate counsel, if known; if not, then trial counsel): Veronica L. Davis N. Mattson Mary Celine Shine West Columbia, Texas 77486 111 E. Locust Street (979) 345-2953 Angleton, Texas 77515 [email protected] Leebron, Fibich, Copeland, Briggs, and Josephson Russell Briggs 1150 Bissonett, Houston, Texas 77005 Telephone:(979) 345-2953 Telephone: Russell Briggs (include area code) (713) 751-0025; Mary Shine (979) 849-5711 Telecopy: Telecopy: (include area code) (include area code) Russell Btiggs Fax: (713) 750-0031 (979) 345-5461 Mary Shine Fax (979) 864-1712 E-mail Address: E-Mail Address: [email protected] [email protected] [email protected]

SBN (lead counsel): SBN (lead counsel) 05557300 Mary Shine 24028708 Russ Briggs 02987720 If not represented by counsel, provide appellant’s/appellee’s address, telephone number, and telecopy number.

On Attachment 1, or a separate attachment if needed, list the same information stated above for any additional parties to the trial court’s judgment.

II. Perfection Of Appeal And Jurisdiction (TRAP 32.1(b), (c), (g), (j)): Date order or judgment signed: 04/10/.15 Date notice of appeal filed in trial court: 06/17/15 04/29/15 07/17/15 (Attach file-stamped copy; if mailed to the trial court clerk, also give the date of mailing)- Date (Attach a signed copy, if possible)

-2- What type of judgment? (e.g., jury trial, bench trial, Interlocutory appeal of appealable order: summary judgment, directed verdict, other (specify)) Yes □ No X (Please specify statutory or other basis on which Grant of Defendant’s Motion to Dismiss case for interlocutory order is appealable) (See TRAP 28) Failure of Plaintiff to File Expert Report Rehearing/Reconsideration of Grant of New Trial

Accelerated appeal (See TRAP 28): Yes □ No X

(Please specify statutory or other basis on which appeal is accelerated)

Appeal that receives precedence, preference, or priority under statute or rule?

Yes □ No X (Please specify statutory or other basis for such status)

III. Actions Extending Time To Perfect Appeal (TRAP 32.1(d)): Filed Action Check as appropriate Date Filed Motion for New Trial No X Yes Motion to Modify Judgment No Yes X 07/15/15

-3- Request for Findings of Fact and Conclusions of Law No X Yes □ Motion to Reinstate No X Yes □ Motion under TRCP 306a No Yes Other (specify): No X□ Yes □ IV. Indigency Of Party (TRAP 32.1(k)): (Attach file-stamped copy of affidavit) Filed Event Check as appropriate Date N/A Affidavit filed No X Yes Contest filed No X Yes □ Date ruling on contest due: Ruling on contest: Sustained □ Overruled □ V. Bankruptcy (TRAP 8): Will the appeal be stayed by bankruptcy? No Date bankruptcy filed?

Name of bankruptcy court: Bankruptcy Case No.: Style of bankruptcy case:

VI. Trial Court And Record (TRAP 32.1(c), (h), (i)): Court: County: Trial Court Docket Number 149th Judicial District Court (Cause No.): Brazoria 62845 and 62845A

-4- Trial Judge (who tried or disposed of case): Court Clerk (district clerk): Rhonda Barchak Hon. Terri Tiption Holder Telephone Number: Telephone Number: (include area code) (979) 864-1309 (include area code) (979) 849-5711 Telecopy Number: Telecopy Number: (include area code) (979) 864-1770 (include area code) (979) 864-1918 Address:111 E. Locust Angleton, Texas 77515 Address: E. Locust Angleton, Texas 77515

Clerk’s Record Sworn copy for Will request □ Was requested on: accelerated appeal (Note: No request required Yes X Yes □ under TRAP 34.5(a), (b)) 08/26/15 (See TRAP 28.3) Court Reporter or Court Recorder: Court Reporter or Court Recorder: Robin Rios Telephone Number: Telephone Number: (include area code) (979) 847-5711 (include area code) Telecopy Number: Telecopy Number: (include area code) (include area code) Address: 111 E. Locust, Angleton, Texas 77515 Address: (Attach additional sheet if necessary for additional court reporters/recorders) Length of trial (approximate): State arrangements made for payment of court reporter/recorder:

Reporter’s or Recorder’s Record None Will request X Was requested on: (check if electronic recording □) on Mouchette only VII. Nature Of The Case (TRAP 32.1(f)) (Subject matter or type of case: E.g., personal injury, breach of contract, workers’ compensation, condemnation, DTPA, employment/labor, family code, juvenile, malpractice, probate, UCC, tax, oil & gas, real property or temporary injunction): Trespass to try title; Declaratory Judgment

VIII. Supersedeas Bond None X Will file □ Was filed on: (TRAP 32.1(1)):

-5- IX. Extraordinary Relief: Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes □ No □ If yes, briefly state the basis for your request.

Unknown at this time

X. Alternative Dispute Resolution/Mediation (if applicable) (As of 8/19/97, these programs exist in the 1st (Houston), 3rd (Austin), 4th (San Antonio), 5th (Dallas), 9th (Beaumont), 13th (Corpus Christi), and 14th (Houston)). (Use additional sheets, if necessary).

1. Should this appeal be referred to mediation? If not, why not.

Yes 2. Has the case been through an ADR procedure in the trial court?

If yes, answer the following: No - a. Who was the mediator?

b. What type of ADR procedure?

c. At what stage did the case go through ADR? (Specify pre-trial, trial, post-trial, other)

d. Rate the case for complexity. Use 1 for the least complex and 5 for the most complex. Circle one.

1 2 3 4 5---- 3

e. Can the parties agree on an appellate mediator? If yes, give name, address, and telephone and telecopy numbers (with area codes).

f. Languages other than English in which the mediator should be proficient: None

XI. Related Matters: List any pending or past related appeals or original proceedings (e.g., mandamus, injunction, habeas corpus) before this or any other Texas appellate court by court, docket number, and style.

Petition for Writ of Mandamus 14-15-00500-CV Appeal 14-15-00397-CV; Dismissed; Intelocutory

-6- XII. Any other information requested by the court (see attachments, if any).

XIII. Signature:

/s/ Veronica L. Davis 08/26/15 __________________________________________________ Date: _________________________ Signature of counsel (or pro se party) State Bar No.:05557300 Printed Name: Veronica L. Davis

XIV. Certificate of Service: The undersigned 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 August 26, 2015 to Mary Shine at 111 E. Locust, Angleton, Tx. 77515 and Rusell Briggs at 11150 Bissonett, Houston, Texas 77005 by efiling. /s/ Veronica L. Davis ________________________________________ Signature (TRAP 9.5(e) requirements stated below; use additional sheets, if necessary) Note: 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.

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