In the Fourth Court Of Appeals
Fourth Court Of Appeals District "\t ~- \\
San Antonio Texas Bexar County .-.,.„ -.""'■
Maryann Castro _ ■
■ '. ^ •■ ' ■-.
S -"'
Manuel Castro
Re: Court Of Appeals Number: 04-14-00785-CV
Trial Court Case 2011 -CI-15957
To Honorable Court Of Appeals
Judge LittleJohn
MOTION OF DECLA1R A MISTRIAL
Appellant Maryann Castro is praying the Appeals Court will
accept her motion of mistrial in the Trial Court case 2011- CI-
15957.
In the Agreement for Final Divorce there is a significant amount
of procedural error. And Misconduct that prevents a fair trial.
a. Counsel Joseph Appeit misconduct that prevents a fair trial
Counsel was not honest in the Agreement for final divorce
signed on Oct 30, 2013.
b. Counsel Joseph Appeit hid the Active Bankruptcy of his
Clientfrom Appellant MaryAnn Castro and the Court
Appellee Manuel Castro on 10/30/13 motion for
automatic stay lift was not filed and still proceeded
knowing under the bankruptcy trustee it was needed in
order to proceed in the divorce and abused the law by not
filling the motion.
c. Counsel Joseph Appelt hid that his client Appellee Manuel
Castro was not paying the mortgage and had the
Community that was awarded to Appellant Maryann
Castro protected under the bankruptcy Court and
Appellant Maryann Castro could not contact the bank or
Communicate with the bank Appellee Manuel Castro
removed her as contact person from the mortgage with
the help of the mistress and until AppellafHTManuel Castro
paid the debt he hid^from the trial court that he was not
making any mortgage payments.
d. Counsel Joseph Appelt hid a martial asset Keogh plan
pension and 99 subaru from Appellant Maryann Castro
and filed in a motion for Appellee Manuel Castro to keep
when Appellant Maryann Castro never gave up her rights
to the martial asset he did not mention in the Agreement
for Final divorce and is abusing Appellant Maryann Castro
of her rights to her martial asset.
e. Counsel Joseph Appelt accepted from Appellee Manuel
Castro his client Mistress the non-spouse Christina
Pacheco who had a Comparative Market Analysis-realtors
opinion prepared for Appellee Manuel Castro overvalue
the community at 351,000 and it says not to be used as an
appraisal to Commit fraud on the Community at 125000
f. Appellant Maryann Castro has the certified Appraisal the
community is not worth 351,000 and there is no 40,000 in
equity Counsel Joseph Appelt has continued to Abuse the
law with his filings that are fraud and continues to abuse
Appellant Maryann Castro by communicating with the
judges instead of Communicating with Counsel and
Appellant Maryann Castro prays for Justice.
Appellant Maryann Castro also Petition for Writ of Mandate
To return back to Trial Court due to Counsel Misconduct that
prevents a fair trial and the significant amount of procedural
error that has fraud on the Agreement for final divorce.
Appellant Maryann Castro prays for Appeals Court to approve
the motion of mistrial and filing petition writ of mandate to
return back to trial Court case before Judge Canales where
Justice can be served in the Agreement for final divorce and
Appellant Maryann Castro can get the Justice she is entitled to
by law clue to misconduct of Counsel Joseph Appelt and his
client Appellee Manuel Castro and the Non Spouse mistress
Christina Pacheco who all conspired to Commit fraud in the
Agreement for final divorce.
In the Agreement it states Appellee Manuel Castro to
prevent foreclosure Appellee Manuel Castro did nothing to
prevent foreclosure Appellee Manuel Castro Continued to pay
Counsel Joseph Appelt to abuse the judicial system with his
fraud filings in getting the copy of a agreement for final divorce
filed knowing Appellant Maryann Castro and her Counsel were
challenging due to fraud and abuse that prevented Appellant
Maryann Castro from getting a fair trial.
Appellant Maryann Castro in the agreement for final divorce it
says terms and extension regarding refinancing there was an
active bankruptcy and Appellee Manuel Castro and Counsel
Joseph Appelt hid that from Appellant Maryann Castro and the
significant error of this misconduct that prevents a fair trial
hiding the bankruptcy from Appellant Maryann Castro is a
significant procedural error called fraud Appellee Manuel
Castro and Counsel Joseph Appelt conspired to commit fraud
by hiding the Active Bankruptcy and Counsel Joseph Appelt
committed a legal malpractice against Appellant Maryann
Castro in the Amount of 40,000 that is a civil rico act in a
divorce proceeding.
Appellant Maryann Castro prays the Court of Appeals accepts
her motion of mistrial so Appellant Maryann Castro can get a
fair trial.
Respectfully
Maryann Castro pro s
1501 Olive
Jourdanton Texas 78026
Pacattitude2Q14{5)gmail.com
Date 3/6/2014
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