ACCEPTED
03-14-00737-CV
7601536
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/29/2015 2:33:02 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 2:33:02 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 MOTION TO FILE A SUPPLEMENT TO
APPELLANT’S BRIEF
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 14, 2015, Hunter was first able to access
the underlying court’s record due to a new, free
technology offered by the underlying court (“TCTDC”
which means “Travis County Texas District Court”).
And Hunter discovered that there is 1) no notice of
court setting dated in June 2014 or any other time and
2) no dismissal order dated August 25, 2014, or any
other time in the underlying record.
Hunter’s initial brief was drafted without Hunter
having access to the underlying court’s record. As
shown in Hunter’s initial brief, which was filed almost
ten months ago, the clerk of the underlying court
(“TCTDC Clerk”) had been refusing to perform
ministerial duties. See ¶ 7 of Appellant’s initial
brief and see also p. 16 of initial brief under
“certification”. The TCTDC Clerk refused to respond to
Hunter’s telephone calls and faxes sent in which Hunter
asked for, among other things, an itemization of record
activity. See p. 16 of initial brief under
“certification”.
Paragraphs 10 and 12 of Hunter’s initial brief are
not supported by the record in the underlying court.
And this is significant to this appeal. There is no
document in the underlying record that shows that
Hunter’s underlying cause was dismissed. Yet, this
appeal seeks reversal of the underlying court’s
dismissal, which does not exist. Apparently, the TCTDC
Clerk mailed Hunter a document advising Hunter that her
cause was dismissed but did not enter that document in
the underlying record. Therefore, the TCTDC Clerk only
caused Hunter to believe that her underlying cause was
dismissed when it was not.
Hunter received a document from the TCTDC Clerk that
gave Hunter the false impression that her lawsuit was
dismissed. See ¶¶ 10, 12, and 13 of Hunter’s initial
brief.
This is an appeal of the underlying court’s failure
to hold a hearing on Hunter’s Motion To Reinstate
(“MTR”). But the underlying record shows that the TCTDC
Clerk erroneously filed Hunter’s MTR as a “Notice of
Appeal” and did not present it to the judge as a motion.
The foregoing facts are significant to this appeal.
WHEREFORE, Appellant asks that this Court grant
Hunter’s Motion To File A Supplement To Appellant’s
Brief.
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, swear under penalty of perjury
that the foregoing statements are true and correct.
__________________ 10/29/2015
Chase Carmen Hunter
CERTIFICATION PURSUANT TEX R. APP. P. 10.1(a)(5)
I, Chase Carmen Hunter, certify that I did make a
reasonable attempt to confer with all other parties
about the merits of this motion and whether those
parties oppose the motion with no success in receiving
a response.”
__________________ 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