FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TX
Trial NO.2010-CI-12625 February 2, 2015
Appeal NO.04-14-00922-CV KEITH E. HOTTLE
CLERK OF THE COURT
JOHN E. RODARTE SR. , . IN THE FOURTH COURT
Appellant/Affiant/Movant/ s
In Propia Persona §
VS § OF APPEALS,AT
TEXAS DEPARTMENT OF FAMILY §
AND PROTECTIVE SERVICES, „
FELICIA HUGHLEY,ET AL/ * SAN ANTONIO,TEXAS
Appellees,Defendants §
NOTICE OF APPEAL/
MOTION FOR APPELLATE RECORD,
MOTION FOR WAIVING FILING FEES AND COSTS
PLEADING OF INDIGENCY
To The Honorable Justices:
Now comes John E. Rodarte Sr.,Affiant,Appellant,Movant,Plaintiff,
on this date of January 23,2015 completes the above styled and num
bered document,and will show the following:
Mr. John E. Rodarte Sr.,known hereafter as Rodarte or Rodarte Sr.,
with leave of this court,submits this document,as notice of appeal
pursuant to T.R.A.P. Rules,24.4(a),as per submitted motions filed
with appellant's Appeal Brief,mailed on January 12,2015.
This is further motioned for,pursuant to T.R.A.P. R.25.1(a)(b)(d),
in the 57th Judicial District Court of Texas,December 05/2014,order
signed on December 12,2014,in that Rodarte Sr.,wishes to appeal.
Appellant Rodarte,wishes to apply T.R.A.P.,R.37.3(1)(b),the included
six month trust fund printout submitted with appeal brief,may serve
this court in addition to,but not limited to issues concerning the
indigent status of Rodarte Sr. That said printout,be now applied to
this court's concerns of an appellate record and filing fees. The
appellant,plaintiff,is currently indigent and cannot pay for the
costs necessary for continuing this cause of action properly.
As per this court's own order,signed on January 09th,2015 and its
application of T.R.A.P.,R.21.5,in appellant's 2002 Texas Rules Of
Court,it does not contain rule 21.5(d),only 21.5 State may controvert,
effect. Appellant,therefore requests for a copy of State's written
opposition. Therefore,as permitted under rule 21.6 Rodarte,will now
present,as a Motion For New Trial,as it has been explained in his
brief,that under Texas law,"The Discovery Rule" should allow Rodarte
to proceed/either as a remand or granting for a new trial,to proceed
against the defendants and continue litigation his tort claims.
1.
f
•Rodarte's Notice Of Appeal/Appellate Record/12b25(Jan.23/2015)
Rodarte/con only ask the Fourth Court Of Appeals/that/when it comes
to suspending the judgement/and issues of securities/that Rodarte is
not the debtor/but the creditor.
The arguments are quite clear/concerning continuing litigation of
tort claims/due to the discovery of defendants'neglect to treat and
protect Rodarte's sons from harm/among other things/remove them from
their primary residence and place them in Rodarte's care/who is the
father. And being that the majority/if not all of the justices are
women/Rodarte pleads/not only to their legal and judicial position/
but as a parentta legal guardian so to speak/in that can the justices
even begin to fathom what Rodarte's sons must have had to endure ever
since 1995 to present? While the justices/may not be able to take
as a personal level/any injury to Rodarte's sons/on a legal aspect
or level/as a ministerial duty/the justices/have the capacity to act
accordingly by law.
As Rodarte states in his brief/it is quite questionable/as to why
a motion to dismiss since the October 2012 judgement was rendered/
has been presented before the court.
As per this court's clerk/it appears from correspondence/that the
clerk/is notifyinq the new District Attorney Nicolas A. Lahood and
appellant now wishes clarity on this subject. Should mail be addressed
to his office/to Jason Contreras Assistant Attorney General only/or
both?
As per previous correspondence to this court and clerk/it has been
requested/for all of the proper forms/docketinq statements/civil
statement sheets/etc,due to the fact that appellant does not have the
forms on hand. This is requested/so that Rodarte/may properly file
and satisfy the requisites of law as per this court's local rules.
Therefore/Rodarte Sr./requests/that the court order the clerk/to
request for the appellate record/and that ample time for notice/be
allotted when it concerns notifyinq Rodarte Sr./due to any responses
must be done by mail/which is questionable/and legal material is
outdated and difficult to obtain due to appellant's incarceration
and the law library here/this is why bench warrant has been deemed
necessary in order to obtain proper leqal research material at BCADC
in San Antonio/Texas/in order to level out the playing field^--
2. Respect^full^Submitted/
Rodarte's Notice Of Appeal,Appellate Record,12625;00922(01/23/15)
CONCLUSION
In the interest of justice/as it should be grown to be acustomed
to by the public/Of the aqencies and judicial system/that are in
place for our protection/especially when it concerns the well being
of future generations when it applies to children/the systems in
place fall or succumb to being complacent among the courts and the
agencies/looking for one another/that the real issue among the system,
is financial or job secuity/and not one of specific job description/
or doing the right thing/self-interests should not be the issue when
it comes to failing to maintain integrity. Therefore/the system has
to be suspect and found the culprit/this is why the system must de
fend itself/no matter what the cost,or to who and accept responsibil
ity by simply owning up to their mistakes and not using the law or
their constituents to use the law to avoid their day in court and
be held liable. The system/may ask why Rodarte can state such. It
is quite simple/John Jr.and Hawke,were injured at the hands of those
that the system was set into action by the state/and failed to pro
tect them as the records and evidence will show/the syatem had an
agenda/that did not follow protocol/otherwise John Jr.and Hawke
Rodarte would have had to endure the abuse they stated when they
were just young children and live where the abuse occurred/and the
system allowed it and protected it/or adored such abuse.
Subm
Certificate Of Service
This is to certify/the foregoing document/has been sent/as a true
copy to Jason T. Contreras/Assistant Attorney General Of Texas^at
Post Office Box 12548 Austin,Texas 78711-2548.
Executed On This January 23,2015 Respectf
I have been repeatedly told by Law Library personnel here when
I have requested for a six -Month trust fund printout on a Friday,
please,don't ask for a printout today,why don't you wait until
a Monday,or until someone else can do it on another day.
J.R./j.r. 3.
01/23/2015
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R.HARRISON
NOTARY PUBLIC.
STATE OF TEXAS
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arte Sr ■-
Clements Unit
9601 Spur 591
Aniarillo, Texas
LEGAL MAIL
LEGAL MAIL
en Fourth Court Of Appeals
in ■^ r Office Of The Clerk
300 Dolorosd St.,Suite 3200
San Antonio,Texas 78205-3037
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DEPARTMENT OF CRINllNAt .
JUSTICE - CORRECTIONAL '
INSTITUTIONS DIVISION
John E. Rodarte, Sr. v. Texas Department of Family and Protective Service
Combined Opinion