ACCEPTED
03-14-00737-CV
7609762
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/29/2015 11:49:45 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00737-cv
_____________________________________
FILED IN
IN THE THIRD COURT OF APPEALS
3rd COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
10/29/2015 11:49:45 PM
_____________________________________
JEFFREY D. KYLE
Clerk
CHASE CARMEN HUNTER, APPELLANT/PLAINTIFF
v.
DAVID MATTAX IN HIS OFFICIAL CAPACITY AS COMMISSIONER
OF INSURANCE, AND THE TEXAS DEPARTMENT OF INSURANCE,
APPELLEES/DEFENDANTS
APPELLANT’S OPPOSITION TO “APPELLEES’ RESPONSE TO
APPELLANT’S EMERGENCY MOTION FOR CLARIFICATION OF THE
RECORD”
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
TO: THE JUSTICES OF THIS COURT
On October 27, 2015, Appellees filed their APPELLEES’
RESPONSE TO APPELLANT’S EMERGENCY MOTION FOR
CLARIFICATION OF THE RECORD (“Appllee Resp”). And it
contains false statements that the Appellees know are
false.
On page 2 of Appllee Resp, the Appellees state that
a dismissal order appears on the “Clerk’s Record at
CR224-32”, and the Appellees refer this court to their
“Exhibit A” of Appellees’ Brief. Presumably, the
Appellees are referring to “Appendix A” of Appellees’
Brief and not “Exhibit A”.
This document shown in Appellees’ Appendix A is not
found in the record in the underlying cause in the
Travis County Texas District Court (“TCTDC”). Hunter
knows this because, on October 14, 2015, she personally
viewed every document shown for the underlying cause at
https://courts.co.travis.tx.us/CCO/ which TCTDC
calls “Civil Courts Online” or “CCO”. Hunter, who
is indigent, was denied free access to the
underlying record until a new free technology was
made available that allowed Hunter free access to
the underlying record on October 14, 2015.
This is significant because a TCTDC judge has
only the TCTDC Clerk’s record to rely upon when
making decisions. Hunter has only the TCTDC
Clerk’s record to rely upon when making decisions.
And obviously, there is nothing on the document
shown in Appellees’ Appendix A that indicates that
this document exists in the record in the
underlying cause. Maybe this document exists in a
filing cabinet somewhere. But that document, if it
is genuine, does not exist in the underlying record
and can not be relied upon for the purposes of this
appeal except to show that the TCTDC Clerk produced
a document that did not exist in the underlying
record.
The fact is that Hunter has been denied access to
the appellate record. There is absolutely no
reason why Hunter should be denied access to the
appellate record that the TCTDC Clerk provided for
the purpose of this appeal.
Any expressed confusion on the part of the
Appellees regarding the relief Hunter is requesting
is undoubtedly feigned because Hunter’s Emergency
Motion For Clarification of the Record clearly
states only that Hunter has been repeatedly denied
access to the record and that she has a Due Process
right to access the appellate record so that she
can determine whether or not she agrees with the
appellate record. Hunter can make no requests for
designation of the record if she has been denied
access to the record.
WHEREFORE, Hunter simply requests, that at a minimum,
she be given a copy of the appellate record. There is
no reason for the Appellees to oppose Hunter’s simple
request to view/receive a copy of the record upon which
this court will make its decision. The record on appeal
can be faxed to Hunter or emailed to Hunter.
There is no valid reason to deny Hunter a copy of
the appellate record. Any argument on the part of the
Appellees that Hunter should not be given a copy of the
appellate record is an explicit effort to conspire to
deny Hunter is Due Process rights.
Respectfully Submitted,
/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
I, Chase Carmen Hunter, certify that I have reviewed
this petition and conclude that every factual statement
in the petition is supported by competent evidence
included in the appendix or record.
10/29/2015
______________________
Chase Carmen Hunter
CERTIFICATION
I, Chase Carmen Hunter, swear under penalty of perjury
that the foregoing statements are true and correct.
__________________ 10/29/2015
Chase Carmen Hunter
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing was served upon the parties shown below as
indicated:
Cynthia A. Morales, Assistant Attorney General
By Efile on 10/29/2015
Cynthia.Morales@texasattorneygeneral.gov
Facsimile: (512) 477-2348
Velva L. Price
Clerk of Travis County Texas District Court
By Efile on 10/29/2015
Chase Carmen Hunter