June 23, 2015
June 19, 2015
Mr. Jeffrey D. Kyle, Clerk
Court of Appeals
Third District of Texas
P.O. Box 12547
Austin, Texas 78711-2547
RE: Court of Appeals Number: 03-14-00636-CV
Trial Court Case Number: 42697
Style: Shaine Carl Cagle Srfcfi\/ir"~'
v. Donna Gail Andrews | u
M 2 3 2015
THIRD COURfOFAPpFAK
Dear Mr. Kyle: \Jwd£^'
I am in receipt of your letter dated June 17, 2015, advising that an Appellee's brief was overdue
in the matter referenced above. I did not receive this letter until June 18, 2015, because the
court was incorrectly sending it to my former Counsel of Record.
Please note the attached Motion for Withdrawal of Counsel, executed in December 2014. I am
a single mother raising a child on a tight budget; I cannot continue to retain an attorney at
$150.00 per hourto respondto the Appellant'scorrespondence. Henceforth, Iwill be advocating
on my own behalf, and encourage the court to please send all future correspondence to my
attention at P.O. Box 1294, Burnet, Texas, 78611.
The matter of the marriage of Donna Gail Andrews and Shaine Carl Cagle, case number 42697,
was decreed on July 11,2014. The Appeal was received by the Court of Appeals, Third District of
Texas on October 2, 2014. According to the Texas Rules of Appellate Procedure (Tex. R. App. P.),
an Appellant has 30 days in which to give notice of appeal, Rule 26.1. This appeal clearly did not
meet these requirements and I pray that the court will dismiss this appeal for failure to comply
with Texas Appellate Rules.
Furthermore, the Appellee cannot ascertain what judgement is being 'appealed' since the
Appellant did not follow the Texas Rules of Appellate Procedure format, nor did the Appellant
clearly state what remedy he is seeking or what element of the court's decision he is appealing.
What, exactly, is being contested and upon what Index of Authorities is the argument based? It
is thus impossible to provide a rejoinder in brief to contest such ambiguous statements. I again
respectfully ask that the court dismiss this motion, in this case for failure to properly or
adequately brief the issue.
Regarding the Appellant'sclaim of 'fraudulent filing of 2013tax return for financial gain', Iappeal
to the court to review the attached copy of said return. This tax return was filed on my behalf
under the counsel and guidance of Ms. Michelle Wolfe, Tax Associate, H&R Block, in Marble Falls,
Texas. Ms. Wolfe specifically instructed me to sign for the Appellant as he was 'absent due to
incarceration'. I have contacted the Internal Revenue Service and asked them for an opinion on
this matter. If it is necessary to file an amended return as 'Single' status, Iwill do so; any additional
taxes or fees will be settled between myself and the Internal Revenue Service. Ithank the court
for bringing this to my attention.
It may interest the court to learn that the 2013 tax refund in question was based 100 percent on
my income and wages. The Appellant was unemployed and living off my income for the entire
duration of the marriage. At the time of the Appellant's felony and resultant arrest, my daughter
and I were stranded on the side of the highway, at a truck stop, with nothing but the clothes on
our backs. The 2013 refund was used to secure safe lodging and transportation, medical care,
day care, food and clothing for my daughter and myself.
Forthe above reasons, I respectfully request that the Court dismiss the Appellant's motion in this
case. I also request that the court award any other relief it considers fair and proper.
Respectfully,
£)MMLdlAdjWiLr~
Donna Gail Andrews
P.O. Box 1294
Burnet, Texas, 78611
Cc: personal file
Attachments:
1) Court of Appeals, call for Appellee's Brief
2) Order of Motion for Withdrawal of Counsel
3) Donna G. Andrews 1040A 2013 Tax Return
4) State of Colorado Individual Income Tax Declaration for Electronic Filing, 2013
FILE COPY
Court of Appeals
Third District of Texas
P.O. BOX 12547, AUSTIN, TEXAS 78711-2547
www.txcourts.gov/3rdcoa.aspx
(512) 463-1733
JEFF L. ROSE, CHIEF JUSTICE JEFFREY D. KYLE, CLERK
DAVID PURYEAR, JUSTICE
BOB PEMBERTON, JUSTICE
MELISSA GOODWIN, JUSTICE
SCOTT K. FIELD, JUSTICE
CINDY OLSON BOURLAND, JUSTICE
June 17,2015
Ms. Kimberly Ashby
1003 Berry Street
PO Box 888
Llano, TX 78643
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 03-14-00636-CV
Trial Court Case Number: 42697
Style: Shaine Carl Cagle
v. Donna Gail Andrews
Dear Counsel:
Appellee's briefwas due in this Court on June 1,2015 and is overdue. See Tex. R. App. P.
38.6(b). If this Court does notreceive a satisfactory response to this notice from appellee's counsel
on orbefore Monday. June 29.2015. thiscause will be submitted on appellant's briefalone.
Very truly yours,
JEFFREY D. KYLE, CLERK
BY:
g£
Amy Strother, Deputy Clerk
cc: Mr. Shaine Carl Cagle
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 42697
IN THE MATTER OF § INTHE COUNTY COURT AT LAW
THE MARRIAGE OF §
§
DONNA GAIL ANDREWS
AND
SHANE CARL CAGLE
AND IN THE INTEREST OF
S.L.C,ACHILD § BURNET COUNTY, TEXAS
ORDER ON MOTION FOR WITHDRAWAL OF COUNSEL
ff
%°
Oafl^^btrH . the Court considered the Motion for Withdrawal ofCounsel of
KimberlyAshby.
The Court findsthat good cause exists forwithdrawal ofKimberlyAshby as counsel
The Court finds that a copy of the Motion for Withdrawal of Counsel was delivered to
Donna Oail Andrews, that Donna Gail Andrewswas notifiedin writingof the right to objectto
themotion,mat Donna Gail Andrewshas consented to me rm)ttori,&^ the lastknown address of
Donna Gail Andrews is and that me pending settings and
deadlines in the case are as follows:
4
None.
IT IS THEREFORE ORDERED mat Kimberly Ashby is permitted to withdraw as
counsel ofrecord for Donna Gail Andrews in this case.
The Court finds that the lastknown mailing address of Donna Gafl Andrewsis
and ORDERS that all notices in this case shall be either delivered to
DonnaGail Andrews in personor sent to DonnaGail Andrews at that addressby bom certified
and regularfirst-class mail.
The Court orders that Kimberly Ashby immediately notify Donna Gail Andrews in
writing ofany additional settings or deadlines ofwhich Kimberly Ashby now has knowledge and
has not already notified Donna Gail Andrews. The Court further orders Kimberly Ashby to
make available to Donna Gail Andrews, not later than 30 days after the date of entry of this
order, the originals ofall of Donna Gail Andrews's discovery responses and documents Donna
Gail Andrewshas produced inresponse todiscovery requests.
JUDGE PRESIDING
I
Form Departmentofthe Treasury- Internal Revenue Service
1040A U.S. Individual Income Tax Return (99) 2013 IRS Use Only - Do not write or staple in this space.
OMB No. 1545-0074
Your social securit
DONNA G ANDREWS
SHAINE C CAGLE Spouse's social security number
Make sure the SSN(s) above
and on line 6c are correct.
Presidential Election Campaign
Check here if you. or your spouse if filing
jointly, want S3 to go to this fund. Checking
Foreign country name Foreign province/state/county Foreign postal code a box below will notch ange your tax or
~|You I~] Spouse
i ii ^™"^
Filing Single 4 j Head ofhousehold (with qualifying person). (See instructions.)
status Married filing jointly (even if only one had income) ! : Ifthequalrfying person is achild butnotyourdependent,
.. . ,_, , : . -. enter this child's
Check only Marriedfiling separately. Enter spouse sSSN above &full name name here. ••
one box. here. > 5 {_ J Qualifying widow(er) with dependent child (see instructions)
Exemptions 6a |x| Yourself. If someone can claim you as a dependent, do not check Boxes
checked on «
box 6a. 6a and 6b 6.
b [x] Spouse No. of children
(4)y/if child on 6c who:
c Dependents: (2) Dependent's social (3) Dependent's underage 17 • lived with
If more than six security number relationship to you qualifying for you 1
child tax credit
dependents, see
(1) First name Last name
(see instr.) • did not live
instructions.
SARAH CAGLE
with you due to
)AUGHTER
divorce or
separation
(see insts)
Dependents
on 6c not
entered
above
Add numbers
on lines
d Total number of exemptions claimed. above •
Income
7 Wages, salaries, tips, etc. Attach Form(s) W-2. 24,147
Attach
Form(s)W-2 8a Taxable interest. Attach Schedule B if required. 8a
here. Also
attach b Tax-exempt interest. Do not include on line 8a. 8b
Form(s) 9a Ordinary dividends. Attach Schedule B if required. 9a
1099-R if tax
b Qualified dividends (see instructions] 9b
was
withheld. 10 Capital gain distributions (see instructions). 10
11a IRA 11b Taxable amount
If you did not distributions. 11a (see instructions). 11b
get aW-2, see
instructions.
12a Pensions and 12b Taxable amount
annuities. 12a (see instructions). 12b
13 Unemployment compensation
and Alaska Permanent Fund dividends. 13
14a Social security 14b Taxable amount
benefits. 14a (see instructions). 14b
15 Add lines 7 through 14b (far right column). This is your total income. • 15 24 ,147.
Adjusted
gross 16 Educator expenses (see instructions). 16
income 17 IRA deduction (see instructions). 17
18 Student loan interest deduction (see instructions). 18
19 Tuition and fees. Attach Form 8917. 19
20 Add lines 16 through 19. These are your total adjustments. 20
21 Subtract line 20 from line 15. This is your adjusted gross income. • 21 24,147.
KBA For Disclosure, Privacy Act,and Paperwork Reduction Act Notice,see separate instructions. Form 1040A(2013)
1040A(2013) FD1040A-1V1.18
Form1040A(2013) DONNA G ANDREWS & SHAINE C CAGLE
Tax, credits, 22 Enter the amount from line 21 (adjusted gross income). 22 24,147.
and 23a Check Youwereborn before January 2,1949, Blind ^Totalboxes
payments if: I | Spouse was bornbeforeJanuary2,1949, Blind checked > 23a
•-..'• 41 4,941
42 Ifline 41 is more than line 35, subtract line 35 from line 41.
Refund
Thisisthe amount you overpaid. 42 4,941
Direct 43a Amou nt of line 42 you want refunded to you. IfForm 8888 is attached, check here 43a 4,941
deposit? • b Routing
See instructions
and fill in
number * c Type: [xj Checking |_J Savings
43b, 43c. • d Account
and 43d or number
Form 8888.
44 Amountof line42 you want applied toyour
2014estimatedtax. 44
45 Amount you owe. Subtract line 41 from line 35. For details on how
Amount
to pay, see instructions. > 45
you owe
46 Estimated tax penalty (see instructions). 46
Third party DoyouwanttoallowanotherpersontodiscussthisreturnwiththeIRS (see instructions)? | j Yes. Complete the following. |xl No
Designee's name « Phone no. Personal ID number
designee
• • (PIN)*
Under penalties of perjury. Ideclare that Ihave examined this return and accompanying schedules and statements, and to the best of my
Sign knowledge and belief, they are true, correct, and accurately list allamounts and sources of income I received during the tax year. Declaration
of preparer (other than the taxpayer) is based on all information of which the preparer has any knowledge.
here
Joint return? Your signature ' Date Your occupation Daytime phone number
See instructions. For Info Only-Do not filel CLAW ENFORCEMENT
Keep a copy If the IRS sent you an ID Protection
for your Spouse's signature. Ifa joint return, both must sign. Date Spouse's occupation PIN. enter it here (see inst.)
records. For Info Only-Do not filel [UNEMPLOYED
Paid
Print/type preparer's name Preparer's signature Date Check >[_\ rf PTIN
preparer
MICHELLE WOLFE 03/21/2014 self-employed P01756645
Firm's name* H AND R BLOCK Firm'sEINfr XX-XXXXXXX
use only
Firm's address > MARBLE FALLS, TX 78 654 Phoneno. (830) 693-4962
Form 1040A (2013)
1040^(2013^ FD1040A-2V1.18
DR 8453 (10/17/13)
COLORADO DEPARTMENT OF REVENUE 138453 11029
DENVER CO 80261-0005
www.TaxColorado.com
State of Colorado Individual
Income Tax Declaration for Electronic Filing
Do not mail this form to the IRS or the
Colorado Department of Revenue
Submission ID
Retain with your records
740527
Taxpayer Last Name Taxpayer First Name iidclle Initial SSN
ANDREWS DONNA 6
Spouse Last Name (If Joint Return] Spouse First Name(lf Joint Return) Middle Initial SSN
CAGLE SHAINE C
Street Address Phone Number
512)
State ZIP
BURNET TX 78611
Part I - Tax Return Information
1. Total Income, line 22 from your federal form 1040, line 15 on form 1040A, or line 4
on form 1040EZ 24,147
2. Taxable Income, line 43 on federal form 1040, line 27 on form 1040A, line 6 on form
1040EZ 247
3. Colorado Tax, line 19 on Colorado form 104 12
4. Colorado Tax Withheld, line 26 on Colorado form 104 425
5. Refund, line 53 Colorado form 104 413
6. Amount You Owe, line 58 on Colorado form 104
Part II - Declaration of Taxpayer"
Under penalties of perjun/, ! declare that the information I have provided for electronic filing and the amounts
shown in Part I above agree with the amounts shown on my 2013 Federal/Colorado income tax returns, and
that said tax returns, statements, schedules and attachments are true, correct, and complete to the best of my
knowledge and belief. I understand that I (or my Electronic Return Originator (ERO) if applicable) may be
required to provide paper copies of this declaration, my returns, withholding statements, schedules, and
attachments upon request by the Colorado Department of Revenue at any time during the period covered by
the Colorado statute of limitations.
Signature Date
(MM/DD/YY)
Spouse's Signature, (IfJoint Return, Both Must Sign Date
(MM/DD/YY)
Part III • Declaration of bRQ/Preparer/Transmitter
If the transmitter did not prepare the tax return, check here
If I am not the preparer, I declare only that the amounts shown in Part I above agree with the amounts shown
on the taxpayer's 2013 Federal/Colorado income tax returns. If I am the preparer, under penalties of perjury
I declare that I have reviewed the above taxpayer's 2013 Federal/Colorado income tax returns and that the
information provided to me by the taxpayer and the amounts shown in Part I above agree with the amounts
shown on said tax returns, and that said tax returns, statements, schedules, and attachments are true, correct
and complete to the best of my knowledge and belief. As preparer, I further declare that I have obtained the
taxpayer's signature on this form at the time of filing and have provided the taxpayer with copies of all forms
and information filed. I also agree to maintain this signed Form (DR 8453) for the period covered by the
Colorado statute of limitations, and to provide paper copies of this declaration, said returns, withholding
statements, schedules and attachments upon request by the Colorado Department of Revenue at any time
during this period.
ERO's Signature Preparer Identification No.
YEEEMju
Check ifalso preparer
or Your SSN
P01756645
DR-8453 (2013) C08453-1V1.61
DDinnitv »<*"
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