in Re Victoria I. Oko, & Uwakwe C. Oko

CAUSE #14-15-00780 IN RE.: VICTORIA I. OKO, & § IN THE FOURTEENTH UWAKWE C. OKO RELATORS § COURT OF APPEAL V. RUBEN DAVIS Respondent APPELLANTS, VICTORIA OKO & UWAKWE OKO'S MOTION FOR REHEARING INDEX PA DOCUMENTS PAGE ^T-ITT3T1 T 1 1. NOTICE 2. AFFIDAVIT OF INABILITY TO APPEAL OF VICTORIA OKO 5-7 AFFIDAVIT OF INABILITY TO PAY COST OF APPEAL OF UWAKWE OKO 8-10 CAUSE #14-15-00780 IN RE.: VICTORIA I. OKO, & § IN THE FOURTEENTH COURT UWAKWE C. OKO RELATORS § § OF APPEAL § § RUBEN DAVIS § Respondent APPELLANTS' MOTION FOR REHEARING Appellants, VICTORIA I. OKO and UWAKWE C. OKO, Submit this Motion for Rehearing in response to the opinion issued by the court on October 2, 2015and request that the court consider the following issue: ISSUE PRESENTED FOR REVIEW & ARGUEMENT ISSUE 1: The Court of Appeal erred in finding that "that there is no appeal pending in this court from the judgement in the underlying case. The appeal from the underlying case is docketed in this court as Court of Appeals No. 14-15-00850. A copy of the Notice of Appeal received by the Appellants is herein incorporated and hereto attached as Exhibit 1. Therefore, this court has jurisdiction over this case. Also attached and incorporated as exhibits 2, and 3 are the Affidavits of Inability to pay of Victoria I.. Oko and Uwakwe C. Oko, respectively. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellants, Victoria I. Oko and Uwakwe C. Oko, respectfully prays that the Court grant this motion for rehearing, withdraw its opinion, and restrain Ruben Davis (Constable), Junior Properties LLC, and/Respondents' officers, agents, servants, employees, successors, assigns, or attorneys are ORDERED to immediately CEASE and DESIST from entering Plaintiffs' property located at 2422 HAWTHORNE BROOK LANE, FRESNO, TEXAS 77545; they are furthered Restrained from attempting to evict plaintiffs from the said property, from selling plaintiffs' said property, from exercising ownership/claim on the said property or to file any instrument in any way jurisdiction, court of law, clerk's office, in the Fort Bend county, Texas, or any other county and/or with any office or governmental agency in the State of Texas or in the United states Court, House or any Federal agency of the U. S. Government that will constitute entry and/or ownership of the Defendants on the said property. By: UWAKWE C. OKO VICTORIA I. OKO 2422 HAWTHORNE BROOK LANE FRESNO, TEXAS 77545 TEL: (832) 882-1777 PROSE CERTIFICATE OF SERVICE WE, VICTORIA I. OKO, & UWAKWE C. OKO, certify that a true and correct copy of the above and forgoing documents has been served in compliance with the Texas Rules of Civil Procedures on this Af*#4-7,2015 to the Defendant, f) , . . sJ I / ° VICTORIA OKO & UWAKWE C. OKO : RUBBEN DAVIS, THE CONSTABLE, PRECINT 2 ADDRESS: 303 Texas Parkway, Missouri City, Texas, 77489. TONY ALI & ANY OFFICER OF JUNIOR PROPERTIES LLC 10661 Rockley Drive, Houston, Texas 77099. .Justices Chief Justice William J. Boyce Kem Thompson Frost Tracy Christopher Martha Hill Jamison Clerk Sharon McCally Christopher a. Prine , J. Brett Busby John Donovan Marc W. Brown Jfattrtotttlj OInurt nf Appeals Phone 713-274-2800 Ken Wise 301 Fannin, Suite 245 Houston, Texas 77002 Monday, October 05, 2015 Keval Patel Victoria I. Oko 19855 Southwest Freeway Ste 330 2422 Hawthorne Brook Sugar Land, TX 77478 Fresno, TX 77545 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Uwakwe C Oko 2422 Hawthorne Brook Fresno, TX 77545 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 14-15-00850-CV Trial Court Case Number: 15-CCV-055306 Style: Uwakwe C. Oko and Victoria I. Oko v. Junior Properties, LLC The district clerk has advised this court that a notice of appeal was filed in this case. Upon assignment of this case to the Court of Appeals, a $205.00 filing fee is now due by the filing party. This court has a mediation program. Upon perfecting an appeal, the appellant must complete and file a docketing statement which contains a mediation section. The appellee must-also complete and file the Court's mediation docketing statement. Both appellant and appellee must file their statements within 15 days of the date of this letter. Failure to comply will be deemed an affirmative response to mediation on behalf of the non-filing party. Our court's docketing statement and mediation docketing statement are available on the court's website at www.txcourts.gov/14thCOA. Pursuant to this Court's Local Rule 6, all attorneys are required to provide the Court with a valid e-mail address when submitting any document to the Court. Notices or other communications about this case will be delivered via email in lieu of mailing paper documents. Paper copies of notices or other communications about this case can be obtained by a party upon written request. Effective December 1, 2012, Rule 9 of the Texas Rules of Appellate Procedure require that all computer generated documents filed with the Court must be in a typeface no smaller than 14-point and must include a certificate of compliance stating the word count of the document being filed. Failure to comply will result in your document being rejected. CHRISTOPHER A. PRINE, CLERK /^uQ/J^ Deputy Clerk hKlH P<Penon.. Proper* (Q^rtHanHouseMilvr^s^^ ~i%Z"*** Value: Description: $1,200.00 2000 TOTOTA SIENA Debts Monthly Payment: Total Due: Description: $205.00 $23,700.00 STUDENT LOAN ^^^^^^^M^^^^^^^^1^, Amount: Description: $600.00 $300.00 TRANSPORTATION (INSURANCE, GAS ETC) $200.00 CHILD CARE $150.00 HEALTHCARE $250.00 LIGHT BILL 75.00 PHONE BILL $150.00 WATER BILL $150.00 CABLE Dependants Relationship: Address: DAUGHTER Name: MARTHA N. OKO 2422 HAWTHORNE BRK, FRESNO, TX SON JOSEPH C. OKO 2422 HAWTHORNE BRK FRESNO, TX DAGHTER KATHRINE C. OKO 2422 HAWTHORNE BRK FRESNO, TX SON VICTOR M. OKO 2422 HAWTHORNE BRK FRESNO, TX i\A VICTORIA I. OKO Date £kM^ THE STATE OF TEXAS § o -no COUNTY OF BEFOREME, theundersigned authontv, onthis day person* appeared VICTONA^Q,* ur^ ath, ;rms Affidavit and that the information provided is tree and sogeg.. 3 stated that she is making 1 PR SWORN TO AND SUBSCRIBED, before me or to- K.toib ? t •= Lie, State of Texas ii^fei JENNIFffi CORINE MOORE Wp*j MY COMMISSION EXPIRES Febniar/24,2017 V U