in the Guardianship of Lonnie Phillips, Jr., an Incapacitated Person

ACCEPTED
01-14-01004-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/9/2015 3:53:51 PM
CHRISTOPHER PRINE
CLERK

IN THE

COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
2/9/2015 3:53:51 PM
CHRISTOPHER A. PRINE
_____________________________________________________________________________
NO. 01-14-01004-CV Clerk
______________________________________________________________________________

IN THE MATTER OF
THE GUARDIANSHIP OF
LONNIE PHILLIPS, JR.

Otherwise styled:

KEVIN CAMPBELL

VS.

CATHERINE WILEY
______________________________________________________________________________
Appealed from Cause No.PR-0074571
in the Galveston County Probate Court
The Honorable Kimberly Sullivan, Presiding
______________________________________________________________________________
MOTION TO WAIVE OR ABATE THE FILING OF THE FEE UNTIL
INDIGENCE HEARING

Respectfully submitted,

/s/ Veronica L. Davis
226 N. Mattson
West Columbia, Texas 77486
(979) 345-2953
vld57atal@yahoo.com
 IN THE

COURT OF APPEALS

HOUSTON, TEXAS

_____________________________________________________________________________
NO. 01-14-01004-CV
______________________________________________________________________________

IN THE MATTER OF
THE GUARDIANSHIP OF
LONNIE PHILLIPS, JR.

Otherwise styled:

KEVIN CAMPBELL

VS.

CATHERINE WILEY

MOTION TO WAIVE OR ABATE THE FILING OF THE FEE UNTIL
INDIGENCE HEARING

TO THE HONORABLE COURT:

COMES NOW, KEVIN CAMPBELL, Appellant, in the above entitled and numbered

cause and would show the court as follows:

1. On or about the November 05, 2014, Appellant filed a Motion for Rehearing after

the court’s ruling of October 03, 2015. The Motion was timely filed on

November 03, 2014, but was rejected by the Galveston County clerk, due to the

attachments being filed incorrectly. (See Exhibit A, attached and incorporated by

reference, the same as if fully copied and set forth herein.

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2. After receiving notification, Appellant again submitted the document for refiling

on November 05, 2014, with same being set for hearing on November 24, 2014.

3. Prior to the hearing, the Court denied the Motion on November 19, 2014, without

providing notice to Appellant’s attorney.

4. Appellant then filed a Notice of appeal on December 11, 2014.

5. Appellant subsequently filed an Affidavit of Indigence at the trial court level on

December 31, 2014.

6. A copy of said letter was forwarded to this Court on January 05, 2015.indicating

that the ward in this case is indigent. (See Exhibit B, attached and incorporated

by reference, the same as if fully copied and set forth herein.)

7. Appellee has filed a Contest to the Affidavit of Indigence on or about January 15,

2015.

8. The Contest is pending.

9. This trial court case is pending reassignment based upon a Recusal Motion filed

by Appellant.

10. Appellant believes that the Contest is contrary to the Texas Rules of Civil and

Appellate Procedure, as she has agreed to represent the Appellant at no cost. (See

Exhibit B, attached and incorporated by reference, the same as if fully copied and

set forth herein.)

11. Consequently, Appellant requests that this court waive the fee or abate the time

for payment of said fee.

12. Actually, Appellant believes that the rule regarding Indigence is very clear and is

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 not subject to contest.

WHEREFORE PREMISES CONSIDERED, Appellant prays that this court:

1) Find that no fee is due and owing due to the filing of the Affidavit of Indigence;

2) Or that this court abate the due date for payment pending the outcome of the

contest filed by the attorney ad litem.

Respectfully submitted,

/s/ Veronica L. Davis

Veronica L. Davis
226 N. Mattson
West Columbia, Texas 77486
(979) 345-2953

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Motion shall be submitted to

Catherine Wylie and Brandon Maggiore through the efiling system on this the 9th day of

February, 2015.

/s/ Veronica L. Davis

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