ACCEPTED
03-14-00737-CV
5073772
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/29/2015 2:31:05 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00737-cv
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FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALSAUSTIN, TEXAS
4/29/2015 2:31:05 AM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
_____________________________________
CHASE CARMEN HUNTER, APPELLANT v. ELEANOR KITZMAN IN
HER OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE,
JULIA RATHGEBER IN HER OFFICIAL CAPACITY AS
COMMISSIONER OF INSURANCE, AND THE TEXAS DEPARTMENT OF
INSURANCE, APPELLEES
MOTION TO REVERSE TRIAL COURT’S ORDER DATED FEBRUARY 19,
2015, SUSTAINING CONTEST TO MOTION TO APPEAL IN FORMA
PAUPERIS
From Cause D-1-GN-13001957 In The 250th District Travis
County, Texas, The Honorable John K. Dietz Presiding
Chase Carmen Hunter, pro se
340 S. Lemon Ave. #9039
Walnut, CA 91789
Telephone: 707-706-3647
Facsimile: 703-997-5999
Chase_Hunter@yahoo.com
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CERTIFICATION.
I, Chase Carmen Hunter, herein referred to as “Hunter”,
state under penalty of perjury that the following facts
and argument are true and correct.
April 28, 2015
ISSUES PRESENTED.
1. The trial court’s order dated February 19, 2015
(“Feb 19 Order”), which denied Hunter’s motion to
appeal in forma pauperis, is factually and grossly
incorrect.
2. The Feb 19 Order, which denied Hunter’s motion to
appeal in forma pauperis, is legally incorrect.
ERRORS OF THE FEB 19 ORDER.
FIRST ERROR.
The Feb 19 Order incorrectly states on the first page,
that “[t]he affidavit showed...that Appellant owns real
property”. If the Feb 19 Order included the correct
statement, such a statement would be: “[t]he affidavit
showed...that Appellant owns real property but that she
has negative assets, the real property is valued at
less than $350,000, and the real property is encumbered
by a mortgage and a judgment of nearly $10,000,000”.
SECOND ERROR.
The Feb 19 Order incorrectly states on the first page,
that “[t]he affidavit showed...that Appellant receives
employment income and real estate rental income”.If the
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Feb 19 Order included the correct statement, such a
statement would be: “[t]he affidavit showed...that
Appellant receives employment income and real estate
rental income but her net income is negative $265
monthly.”
THIRD ERROR.
The Feb 19 Order incorrectly states on the first page,
that “the only evidence before the Court...was
Appellant’s affidavit.” This is an error for many
reasons. First, the Appellees provided no evidence at
all at the hearing. Therefore, the evidence before the
Court included the fact that the Appellees provided no
evidence to dispute the accuracy of the Appellant’s
affidavit or to assert that the Appellant, with
negative assets and negative net monthly income, could
afford to pay the costs of the litigation. Second,
Texas Rule of Appellate Procedure 20 et seq. requires
only that the indigent party provide an affidavit as
evidence. Therefore, if the Feb 19 Order included the
correct statement, such a statement would be: “the only
evidence required of the Appellant was the Appellant’s
affidavit. And such evidence was before the Court. The
Appellant’s affidavit was undisputed and the Appellees’
provided no evidence at all to suggest or establish
that the Appellant’s affidavit was inaccurate.”
PRAYER.
Hunter respectfully requests that this Court review the
grossly erroneous Feb 19 Order, reverse the Feb 19
Order, and grant Hunter’s motion to appeal in forma
pauperis.
Respectfully Submitted,
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/s/ Chase Carmen Hunter
Chase Carmen Hunter
Appellant, pro se
340 S. Walnut Ave. #9039
Walnut, CA 91789
Tel: 707-706-3647
Fax: 703-997-5999
Email: Chase_Hunter@yahoo.com
CERTIFICATION PURSUANT TEX R. APP. P. 10.1(a)(5)
I, Chase Carmen Hunter, certify that I did attempt to
resolve the issues described herein. I did contact
Cynthia Morales by email on March 1, 2015, and March 2,
2015, to discuss the issues described herein prior to
filing this motion. Ms. Morales has not responded.
__________________ 4/29/2015
Chase Carmen Hunter
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing Motion to Reverse Trial Court’s Order was
served upon the parties shown below as indicated:
Cynthia A. Morales
Assistant Attorney General
By efile on April 29, 2015
Cynthia.Morales@texasattorneygeneral.gov
Facsimile: (512) 477-2348
Chase Carmen Hunter
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