No. 12-15-00080-CV
IN THE COURT OF APPEALS
FOR THE TWELFTH SUPREME JUDICIAL DISTRICT
OF TEXAS
IN THE MATTER OF THE MARRIAGE OF EDSEL AMOS DIXON AND HEATHER
D. DIXON AND IN THE INTEREST OF ASHLEY LYNN DIXON, A CHILD
FILED IN COURT OFAPPEALS
On Appeal from the 12th Court of Appeals District
354th Judicial District Cour
1A4F
of Rains County, Texas lib
In Cause No. 9544
RTEXAS
CATHY S. LUSK
REQUEST FOR EXTENSION OF TIME TO FILE REPORTER'S
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
NOW COMES EDSEL AMOS DIXON, Appellant herein, and files this Request for
Extension of Time to File Reporter's Records and would show the Court as follows:
1. On March 31, 2015 Appellant received the attached Exhibit "A" from Michael Hurley,
CSR in reference to the cost of reporter's record for the hearing of June 13, 2014.
In response, Appellant requested on April 9, 2015 the attached Exhibit "B" sent
certified mail return receipt received and attached as Exhibit "C". Appellant requested
that further reporter's records be prepared and requested the fee for preparing these
records so that payment can be made promptly. Appellant further requested that if the
reporter's record could not be completed on time that a notice be given to the appellate
court clerk of estimated time of completion and that appellant receive a copy of the
notice. No notice of cost or inability to complete such record's in time was ever
received by Appellant or Appellate court clerk. No attempts to contact the Appellant
have been made and the Appellant's request has gone unanswered.
3. On May 11, 2015 Appellant received from the clerk, Cathy S. Lusk , notice that Ms.
Vrooman's request for an extension of time to file said record states that the reason for
any delay in filing the record is due to non-payment of the required preparation fee,
Exhibit "D". Appellant's request for the cost of such records at that time had gone
unanswered. Numerous attempts to contact Ms Vrooman have failed. Appellant has
left four messages at Ms Vrooman's office phone number of (903)408-4108 in regards
to these records, with no return call as of the date of this filing.
4. On May 14, 2015 Appellant received the attached Exhibit "E" from Ms Vrooman,
stating the cost of her portions of the reporter's record to be filed and that payment
must be received by May 18, 2015. This being the first time Ms Vrooman has made
contact with the Appellant and notified Appellant of cost that he requested over a
month prior. Appellant once again has attempted to contact Ms Vrooman to make
payment arrangements by phone in order to meet the deadline that she has requested
with no return call received. If Appellant was to mail a check to Ms Vrooman on the
day she notified Appellant of cost, it would not make her deadline of just 4 days to
make payment. Two of those days falling on a weekend.
5. This court has advised that pursuant to Tex. R. App. P. 37.3(c), that the appeal will be
submitted on the clerk's record alone ( without a reporter's record), unless proof of full
payment to the reporter is provided to this Court no later than May 21, 2015.
Appellant would respectfully request pursuant to Tex. R. App. P. 35.3(b) and(c) that
this court extend such deadline of May 21, 2015, not to exceed 30 days, so that a cost
of the records requested by Appellant can be received. Appellant has made several
attempts at receiving a cost of reporters records requested, through no fault of his own,
those requested have gone unanswered.
7. Appellant would further request that a cost of the reporter's records that was requested
in the correspondence on April 9, 2015 (Exhibit "B") be immediately submitted to the
Appellant so that he can make prompt payment for such records.
8. This Request is not made for delay, but rather so that Appellant may have the
opportunity to submit the reporter's records for this appeal.
9. This being the first request for an extension of time.
Wherefore premises considered, Appellant requests that this Court grant this request and
extend such deadline to receive proof of full payment to the reporter to no later than June
21,2015.
Respectfully Submitted,
Edsel Amos Dixon
Pro Se Litigant
732 Weddle Dr.
Grapevine, TX 76051
682-301-0592
eddixon903@gmail.com
Certificate of Service
I certify that a true copy of the foregoing Request was served in
accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each
party or that party's lead counsel as follows:
Party: Heather D. Dixon
Lead Attorney: Craig Black
2510 Lee Street
Greenville, TX 75402
Method of Service: Certified Mail
Date of Service: May 18, 2015
Edsel A Dixon
Pro Se Litigant
\
I I \
£M\M A
MICHAEL HURLEY. CSR
1330 MACKIE DRIVE * RICHARDSON, TX 75081 * 214-226-2547
March 31, 2015
Mr. Edsel Amos Dixon
732 Weddle Dr.
Grapevine, TX 76051
Re: In The Matter Of The Marriage Of Heather Denice Dixon And
Edsel Amos Dixon
In The Interest Of Ashley Lynn Dixon, Minor Child
Cause No. 9.54 4
Dear Mr. Dixon
I received your Notice of Appeal yesterday. The cost for
the reporter's record for the hearing of June 13, 2014 will be
$175.00. After receiving your payment I will forward the record
to the Court of Appeals.
If you have any questions or if I can be any further
service, please don't hesitate to call.
Sincerely
Michael Hurley
1330 Mackie Dr.
Richardson, TX 75081
cc: Craig Black
//_\\
EDSEL A DIXON
(Pro Se Litigant)
732 Weddle Dr. Grapevine,
Texas 76051
682-301-0592
April 7,2015
CERTIFIED MAIL
RETURN RECEIPT
REQUESTED
Mike Hurley
1330 Mackie Drive
Richardson, Texas 75081
RE: Twelfth Court ofAppeals Cause No. 12-15-00080-CV
Trial Court Cause No. 9544
In the Matter ofthe Marriage ofEdsel Amos Dixon and Heather D.
Dixon and In the Interest ofAshley Lynn Dixon, A Child
In the 354th Judicial District CourtofRains County, Texas
Dear Mr. Hurley:
Appellant, Edsel Amos Dixon, intends to appeal from the Final Decree of Divorce
signed on January 23, 2015 to the Twelfth Court of Appeals in Tyler. Accordingly, I am
requesting that you prepare an original and one copy, with ASCII disks, of the reporter's
records with exhibits, for the following:
Trial held on June 13,2014
Trial held on November 14, 2014
Trial held on January 23, 2015
Trial held on March 13, 2015
Please advise me immediately if you encounter problems with the preparation of
this record, including the loss or inaudibility of any testimony or argument or the loss of
any exhibits admitted or excluded. If, in preparing the reporter's record, you have
original exhibits that cannot be released to the court of appeals without an order
from the trial court, please advise me immediately, and I will submit the
appropriate motion and order to the trial court for consideration.
Please contact me on receipt of this letter to discuss the anticipated preparation
time you will require. Once the reporter's record is completed, please let me know the fee
for the preparation of this record, and I will make prompt arrangements for payment of
that amount.
The reporter's record must be filed with the court of appeals on or before April 30,
2015. If you are unable to complete the reporter's record in time to file it as required,
please notify the appellate court clerk of your estimate of when the record will be filed
and send me a copy of your notice to the clerk.
By copy of this letter, I am notifying all other parties through their counsel of
record of this request. I will also file the original of this letter with the clerk of this Court.
If you have any questions, please feel free to call me.
Thank you in advance for your cooperation and assistance with this matter.
Sincerely
^Z>
EDSEL A DIXON
( Pro Se Litigant)
/
vSENDERileOA^ilE^m/S SHC770W C0MPLETE;THIS:SECTI0NX>N DELIVERY.
• Complete items 1,2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. D Agent
• Print your name and address on the reverse X • Addressee
so that we can return the card to you. C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Isdelivery addressdifferent from item 1? • Yes
1. Article Addressed to:
IfYES, enterdelivery address below: d No
3. Service Type*"
• Certified Mail® • Priority Maii Express™
•^Registered • Return Receipt for Merchandise
• Insured Mail • Collect on Delivery
4. Restricted Delivery? (Extra Fee) • Yes
2. Article Number;
(Transfer from'service label) Z01H 51ED DDE]? 7E33 336b
PS Form3811, July 2013 Domestic Return Receipt
^ —=.
O
'y
o
:Ui+ "D
Chief Justice ^W~~ \^ Clerk
James T.Worthen ^^=s=s^^ Cathy S.Lusk
Twelfth Court of Appeals
Justices Chief Staff Attorney
Brian Hoyle Margaret Hussey
Greg Neeley
May 11,2015
Edsel Amos Dixon Mr. Henry C. Black
732 Weddle Drive 2510 Lee Street
Grapevine, TX 76051 Greenville, TX 75402
* DELIVERED VIA E-MAIL *
RE: Case Number: 12-15-00080-CV
Trial Court Case Number: 9544
Style: In the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon, and in the
Interest of Ashley Lynn Dixon, a child
The reporter's record in the above-styled and numbered case was due to be filed on or before
May 22, 2015. Pursuant to Tex. R. App. P. 37.3(c), you are notified that Ms. Julie Vrooman's
request for an extension of time to file said record states that the reason for any delay in filing the
record is due to non-payment of the required preparation fee.
You are further advised pursuant to Tex. R. App. P. 37.3(c), that the appeal will be submitted on
the clerk's record alone (without a reporter's record), unless proof of full payment to the reporter
is provided to this Court no later than May 21, 2015.
Very truly yours,
CATHY S. LUSK, CLERK
By: M^hu
Katrina McClenny, Chief Deputv Clerk
CC: Ms. Julie Vrooman (DELIVERED VIA E-MAIL)
1517 West Front Street • Suite354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax:903-593-2193
Serving Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van
Zandtand Wood Counties
http://www.txcourts.gov/12thcoa.aspx
\N
VmV> iV "£
JULIE VROOMAN t=^ DONNA MEEKS
COURT REPORTER COURT ADMINISTRATOR
903/408-4108 903/408-4194
RICHARD A. BEACOM, JR.
DISTRICT JUDGE
354TH JUDICIAL DISTRICT OF TEXAS
HUNT AND RAINS COUNTY
P.O. BOX 1097
GREENVILLE, TEXAS 75403-1097
(903)408-4194
May 11, 2015
Edsel Amos Dixon
732 Weddle Drive
Grapevine, Texas 76051
RE: Appellate Case No. 12-15-00080-CV
Trial Court Case No. 9544
Style: In the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon
And
In the Interest of Ashley Lynn Dixon, a child
I received Notice of Appeal in the above referenced case on March 25, 2015.
Since that time, you filed an affidavit of inability to pay costs, which was contested and
denied.
In order for my portions of the Reporter's Record to be filed with the Twelfth
Court of Appeals, I will need to receive payment from you for the Record by May 18,
2015. The amount to be paid is $275.00. If payment is not received, the Reporter's
Record will not be filed in this case with the Twelfth Court of Appeals.
Please make check payable to Julie Vrooman and mail to Julie Vrooman, 354th
District Court, Post Office Box 1097, Greenville, Texas 75403-1097.
Should you have any questions, you may contact my office at (903)408-4108.
June C. Vrooman
4th Official Reporter