ACCEPTED
14-14-00947CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
1/29/2015 2:00:35 PM
CHRISTOPHER PRINE
CLERK
FILED IN
14th COURT OF APPEALS
14-14-00947-CV HOUSTON, TEXAS
1/29/2015 2:00:35 PM
CHRISTOPHER A. PRINE
Clerk
IN THE FOURTEENTH COURT OF APPEALS,
HARRIS COUNTY TEXAS
MARIANN BACHARACH, Appellant
V.
JOHN DOE, Appellee
Appeal from County Court at Law Number Two, Harris County, Texas
MOTION TO CONTEST
INDIGENCY
Eric Dick
Texas Bar No. 24064316
4325 Tulsa
Houston, Texas 77092
Tel. (832)207-2007
Fax (713)893-6931
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TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
NOW COMES JOHN DOE, hereinafter Plaintiff, and files this Motion to
Contest Indigency Affidavit by Defendant and in support hereof, shows the court the
following:
I.
Defendant does not qualify for Indigency status and Plaintiff request that a
hearing be held to ascertain Defendant’s status. Defendant’s Indigency Affidavit is
untimely and in violation of Texas Rules of Appellate Procedure (TRAP) 20.1(C)1.
An appellate must file an Affidavit of Indigence in the trial court with or before the
Notice of Appeal. Defendant filed her Notice of Appeal on November 10, 2014, and
did not file her Indigent Affidavit until December 16, 2014. The Defendant is a
professional litigant and has previously represented herself in other cases for the past
decades. Defendant has not been completely candid with the Court with numerous
income at her disposal.
II.
1. Defendant, Mariann Bacharach, has an internet store called Magic
Number Market with thousands of dollars in merchandise.
2. She has sold thousands of dollars in merchandise, according to her
pleadings in Hidalgo County, this year alone and has failed to include
that in her affidavit and has failed to declare said income to the Texas
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Department of Health and Human Services.
3. She accepts money through PAYPAL, in her name or other associates,
and all major credit cards including Visa, MasterCard, American
Express, and Discover.
4. She has stock accounts.
5. Additionally, Defendant has a website www.Lexinevi.com where she
creates and sells websites starting at $39.00 to $790.00.
6. She has a hate site named www.Thuglaw.com and sells ads on said site.
7. She has a gofundme.com fund, where she has access to different funds.
8. Defendant also has EBay stores where she collects money for different
goods sold.
9. Defendant also has purchased gift cards in which she uses to store her
income. She has received money through Western Union via
MoneyGram and has had numerous cash payments made to her directly.
10. She is also an owner and driver of a Mercedes Benz vehicle.
11. She pays for different Post Office Boxes and different websites.
12. She has numerous cellular phone accounts with the newest iPhone and
Apple computers.
13. She has had money to hire two different law firms. She has hired Diana
E. Sims (Bar No. 24013517) on a criminal case and has hired Trent
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Gaither (Bar No. 07572550) to represent her in a civil case. She has
paid thousands of dollars to both attorneys within the past twelve
months.
14. She has the financial means to travel 350 miles to South Texas by either
plane or car. She has also had the ability to pay for room and board
while there.
15. She has the ability to ask for money and loans from at least one lawyer
in Houston, Texas, who appears to have funded some of her case.
16. Additionally, she has a benefactor in the State of Utah who has provided
her with thousands of dollars in living expenses.
Respectfully submitted,
By: /s/Eric B. Dick
Eric Dick
Texas Bar No. 24064316
4325 Tulsa
Houston, Texas 77092
Tel. (832)207-2007
Fax (713)893-6931
ebdick@gmail.com
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CERTIFICATE OF SERVICE
I certify that on January 29, 2015, a true and correct copy of Response to
Motion to Contest Indigency was served to each person listed below by the method
indicated.
/s/Eric B. Dick
Eric Dick
Mariann Bacharach
PO Box 8217
Houston, TX 77288
CRMM No.: 7012 3460 0002 6429 2558
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