Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance

ACCEPTED
03-14-00737-CV
3783849
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/15/2015 2:20:43 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00737-cv

FILED IN
3rd COURT OF APPEALS
_____________________________________AUSTIN, TEXAS
1/15/2015 2:20:43 PM
IN THE THIRD COURT OF APPEALSJEFFREY D. KYLE
Clerk

AUSTIN, TEXAS

_____________________________________

CHASE CARMEN HUNTER v. ELEANOR KITZMAN IN HER OFFICIAL

CAPACITY AS COMMISSIONER OF INSURANCE, JULIA RATHGEBER

IN HER OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE,

AND THE TEXAS DEPARTMENT OF INSURANCE

RESPONSE TO CLERK’S COMMENTS RECEIVED BY EMAIL ON

JANUARY 15, 2015, WHICH STATED WHY THE CLERK REJECTED

HUNTER’S PETITION FOR APPEAL ON JANUARY 15, 2015

From Cause D-1-GN-13001957 In The 250th District Travis

County, Texas, The Honorable John K. Dietz Presiding

Chase Carmen Hunter, pro se
340 S. Lemon Ave. #9039
Walnut, CA 91789
Telephone: 707-706-3647
Facsimile: 703-997-5999
Chase_Hunter@yahoo.com

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TO: CLERK OF THIS COURT

I received an email from the Clerk of this Court
(“Clerk” on January 15, 2015, that stated: that the
filing of my petition for appeal was rejected for these
reasons:

“The filing code your document was submitted under was,
“Brief Not Requesting Oral Argument” but your
document’s title states otherwise. Please clarify as to
what document is being filed. The certificate of
service is not in compliance with the rules of
appellate procedure in that it lacks the name and
address of each party served. Our records indicate
appellees as Eleanor Kitzman, Julia Rathgeber, and
Texas Department of Insurance with Ms. Cynthia A.
Morales as counsel. Please update your certificate of
service and serve the opposing parties. The brief has
been received but was not filed as it does not appear
to be timely. Appellant is requested to file a motion
for extension of time to file appellant's brief. When
filing your motion, please include a certificate of
conference. See Tex. R. App. P. 10.1(a)(5), 10.5(b),
and 38.6(d). The brief and appendix must be combined
into one file. See Tex. R. App. P. 9.4(j)(4). Please
resubmit your filing on or before January 20, 2015.”

This statement above from the Clerk is factually
incorrect.

First, the statement above shows that the Clerk wants
clarity as as to what document is being filed. However,
the Clerk referred to Hunter’s document as “the brief”
and also “appellant’s brief”. So it appears that the
Clerk understands that Hunter filed her “brief” and
“appellant’s brief”.

The document being field is the “brief” which is also
called the “appellant’s brief”.

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Second, the statement above shows that the Clerk
believes that the “brief...does not appear to be
timely.” “Does not appear” does not establish that the
“brief” is untimely. It is illogical for the Clerk to
“request” that Hunter file a motion for an extension of
time to file her appellant’s brief based only on the
erroneous statement that it “does not appear” to be
timely. In addition, the docketing statement, the
brief, and the document Hunter filed on January 15,
2015, in response to the Clerk’s letter dated January
14, 2015, address the issue of timeliness and they
establish that the brief is timely filed.

The issue the Clerk raised regarding jurisdiction
(timeliness) in the Clerk’s letter to Chase Carmen
Hunter dated January 14, 2015, is fully addressed in
section VI of the docketing statement (Actions
Extending Time To Perfect Appeal) which Hunter filed
with this Court in this appeal on December 17, 2014,
and in the “Jurisdiction” section of the Petition for
Appeal that Hunter filed in this Court in this appeal
on January 15, 2015.

Hunter incorporates by reference both her docketing
statement and her Petition for Appeal.

WHEREFORE, Hunter enters this response to the Clerk’s
statement above. Hunter’s document filed on January 15,
2015, is her “brief”, and it is timely filed.

Respectfully Submitted,

/s/ Chase Carmen Hunter

Chase Carmen Hunter
Appellant, pro se
340 S. Walnut Ave. #9039, Walnut, CA 91789
Tel: 707-706-3647, Fax: 703-997-5999
Email: Chase_Hunter@yahoo.com

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 CERTIFICATION

I, Chase Carmen Hunter, swear under penalty of perjury
that the foregoing statements are true and correct.

______________________
Chase Carmen Hunter

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the
foregoing Response to Clerk’s Challenge To Jurisdiction
was served upon the parties shown below as indicated:

Eleanor Kitzman, Julia Rathgeber, and the Texas
Department of Insurance
By email on January 15, 2015 at
ChiefClerk@tdi.state.tx.us
Facsimile: 512-490-1064

Cynthia A. Morales
Assistant Attorney General
By Email on January 15, 2015 at
Cynthia.Morales@texasattorneygeneral.gov
Facsimile: (512) 477-2348

Chase Carmen Hunter

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