Shamsher Medih Chisti v. Sana Chisti AKA Kiran Wilwerding

IN THE FIRST COURT OF APPEALS 'STC°URT0F IS OF TEXAS HOUSTON, TEXAS AT HOUSTON W-2 2015 Shamsher Medih Chisti CHRISTOPHER A- PBINE Appellant, CLERK Appeals Court No. 01-13-00780-CV V. § Trail Court No. 2013-12431 § Sana Chisti aka Kiran Wilwerding§ Appellee. § MOTION FOR REHEARING TO THE HONORABLE JUSTICES OF SAID COURT: COMES NOW Shamsher Medih Chisti, Appellant Pro-Se, presenting his Motion for Rehearing in the above Styled and Numbered Case and in support of said Motion would respectfully show this Honorable Court the following: I. Court Applied Costs to the winning party 1- On March 03, 2015, this Honorable Court issued Opinion Reversing the trial Court's dismissal for Want of Prosecution of Appellant Shamsher Medih Chisti's (hereinafter "Appellant,") Bill of Review. Upon granting Appellant's relief in this case the Court of Appeals assessed the costs and fees of the appeal to the Appellant when the Texas Rules of Appellant Procedure, Rule 43.4, clearly demand that the losing party be assessed said costs and fees. 2. Appellant filed a Motion to Modify the Judgment in this case and now files a Motion to have the case on appeal reheard to entertain his Motion to Modify the Judgment. MOTION FOR REHEARING Page 1 SO PRAYED THIS the 27th day of March, 2015. RespActefully Submitted, Shamsiiex--M«d"lh Gnrsti TDCJ-ID No.' 1490300 James A. Lynaugh Unit 1098, South Hwy 2037 Ft. Stockton, Tx 79735 Declaration I, Shamsher Medih Chisti, TDCJ-ID #1490300, being presently incarcerated at the James A. Lynaugh Unit of TDCJ-ID, declare under penalty of perjury that the foregoing facts are true and correct. Sharifej^-Me-diTh, Chisti Appellant Pro-Se Certificate of Service I certify that a true and correct copy of the foregoing was sent to the Appellee(s) at the following address(es) by placing the same in U.S. Mail postage pre-paid on this the 27th day of March, 2015. Addressed to: Honorable Chris Daniel District Clerk 257th District Court P . O . Box No. 4651 Houston, Tx 77210 Sana Chisti aka Kiran Wilwerding 5078 Hauna Lane Dickinson, Tx 77539 lanj ler Medih Chisti MOTION FOR REHEARING Page 2 Shamsher Hedih Chisti TDCJ-ID No. 1490300 James A. Lynaugh Unit FILED IN 1098, South Hwy 2037 1ST COURToV^p^ Fort Stockton, Tx 79735 To, APR -2 2015 CHR/sj^pH£ Christopher A. Prine A- PFUNE Clerk of the Court CLERd flirst Court of Appeals 301 Fannin Street Houston, Tx 77002 Date: March 27, 2015 Styled: Shamsher Medih Chisti v. Sana Chisti aka Kiran Wilwerding Court of Appeals No. 01-13-00780-CV Trial Court Cause No. 2013-12431 Dear Mr. Prine, Greetings. Enclosed you will find my Motion for Exten sion of Time and Motion for Rehearing which you have requested me to file. I already mailed my Motion to Modify Judgment on the 23th of March, 2015 to your office. Very important, I called the trial court the 257th Judicial District Court of Harris County, Texas about the Court of Appeals reversing and remanding my case back. They informed me that my case is not yet docketed and is still in the Court of Appeals for final consideration. I have already mailed the trial court with Judgement and Citation and Service, so the trial Court can summons the Appellee to answer/appeared, on my Bill of Review. I am also enclosing a SASE (Self Address Stamp Envelop) for your convenience, so that you can date/stamp the cover copy of this letter and mail me the copy. Your attention in this matter is greatly appreciated. cc: File histi Chris Daniel lant- Pro-Se Sana Chisti aka Kiran Wilwerding IN THE FIRST COURT OF APPEALS OF TEXAS »^URr0F^PEALS "CUSTOM, TEXAS AT HOUSTON APR-2 2015 Shamsher Medih Chisti § CHR/stoprer A PRINE Appellant, CLERK § Appeals Court No. 01-13-00780-CV V. Trail Court No. 2013-12431 § Sana Chisti aka Kiran Wilwerding§ Appellee. MOTION FOR REHEARING TO THE HONORABLE JUSTICES OF SAID COURT: COMES NOW Shamsher Medih Chisti, Appellant Pro-Se, presenting his Motion for Rehearing in the above Styled and Numbered Case and in support of said Motion would respectfully show this Honorable Court the following: I. Court Applied Costs to the winning party 1* On March 03, 2015, this Honorable Court issued Opinion Reversing the trial Court's dismissal for Want of Prosecution of Appellant Shamsher Medih Chisti's (hereinafter "Appellant,") Bill of Review. Upon granting Appellant's relief in this case the Court of Appeals assessed the costs and fees of the appeal to the Appellant when the Texas Rules of Appellant Procedure, Rule 43.4, clearly demand that the losing party be assessed said costs and fees. 2. Appellant filed a Motion to Modify the Judgment in this case and now files a Motion to have the case on appeal reheard to entertain his Motion to Modify the Judgment. MOTION FOR REHEARING Page 1 SO PRAYED THIS the 27th day of March, 2015. Res ully Submitted, Sham?siieji-Meriin Chisti TDCJ--IDNo.' 1490300 James A. Lynaugh Unit 1098, South Hwy 2037 Ft. Stockton, Tx 79735 Declaration I, Shamsher Medih Chisti, TDCJ-ID #1490300, being presently incarcerated at the James A. Lynaugh Unit of TDCJ-ID, declare under penalty of perjury that the foregoing facts are true and correct. ShamN^er---MeTilh7_ChlstI Appellant Pro-Se Certificate of Service I certify that a true and correct copy of the foregoing was sent to the Appellee(s) at the following address(es) by placing the same in U.S. Mail postage pre-paid on this the 27th day of March, 2015. Addressed to: Honorable Chris Daniel District Clerk 257th District Court P . O . Box No. 4651 Houston, Tx 77210 Sana Chisti aka Kiran Wilwerding 5078 Hauna Lane Dickinson, Tx 77539 zani^Hrtr-be ler Medih Chisti MOTION FOR REHEARING Page 2 Shamsher Medih Chisti TDCJ-ID No. 1490300 James A. Lynaugh Unit 1098, South Hwy 2037 Fort Stockton, Tx 79735 To, APR -2 20,5 Christopher A. Prine A PRINE Clerk of the Court CLER* ttirst Court of Appeals 301 Fannin Street Houston, TX 77002 Date: March 27, 2015 Styled: Shamsher Medih Chisti v. Sana Chisti aka Kiran Wilwerding Court of Appeals No. 01-13-00780-CV Trial Court Cause No. 2013-12431 Dear Mr. Prine, Greetings. Enclosed you will find my Motion for Exten sion of Time and Motion for Rehearing which you have requested me to file. I already mailed my Motion to Modify Judgment on the 23th of March, 2015 to your office. Very important, I called the trial court the 257th Judicial District Court of Harris County, Texas about the Court of Appeals reversing and remanding my case back. They informed me that my case is not yet docketed and is still in the Court of Appeals for final consideration. I have already mailed the trial court with Judgement and Citation and Service, so the trial Court can summons the Appellee to answer/appeared, on my Bill of Review. I am also enclosing a SASE (Self Address Stamp Envelop) for your convenience, so that you can date/stamp the cover copy of this letter and mail me the copy. Your attention in this matter is greatly appreciated. cc: File histi Chris Daniel App~e"LTant' Pro-Se Sana Chisti aka Kiran Wilwerding - Chisti Shamsher #1490300 James A. Lynaugh Unit 1098, South Hwy 2037 Fort Stockton, Tx 79735 To, Christopher A. Prine >.j,fJ. RECEIVED Clerk of the Court ***Legal Mail "FfRST COURT OFAPPEALS HOUSTON, TEXAS First Court of Appeals 301 Fannin Street APR -2 2015 Houston, Tx 77002 CHRISTOPHER A. PRINE CLERK