FZLED ZN
Court of Appeals
t
MAR 7 2019
No. 05-18-00868-CV
Lisa Matz
Clerk, 5th District
IN THE COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS
' I
Brigetta D'Olivio
Defendant-Appellant
v.
Greg Fox and Laura Fox,
Plaintiffs-Appellees
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Tr. Ct. No. DC-16-05606
.APPELLANT'S EMERGENCY MOTION TO EXTEND TIME
TO FILE APPELLANT'S AMENDED BRIEF
TO THE FIFTH COURT OF APPEALS:
The undersigned, Brigetta D'Olivio, Appellant Pro Se, files this Emergency
Motion To Extend Time To File Appellant's Amended Brief from March 7, 2019
to March 28, 2019, and would show the Court as follows:
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
1
1. Pursuant to TRAP 10.3(a)(l) and 10.3(a)(3), Appellant files the within
Emergency Motion To Extend Time To File Appellant's Amended Brief
2. Pursuant to TRAP 10.S(b)(l)(a), Appellant's Amended Brief is due March 7,
2019.
3. Pursuant to TRAP 10.S(b)(l)(b), Appellant is seeking an extension to file her
Amended Brief on March 28, 2019.
4. This is an appeal from a final judgment after a bench trial in a contract dispute.
5. The bench trial took place on November 21-22, 2017. The Final Judgment,
which is dated May 2, 201 7, was filed on the Court Portal for the first time on May
7, 2018.
6. On July 30, 2018, Movant filed Notice of Appeal.
7. This is Appellant Pro Se' s 2nd request to extend time to file her Amended Brief.
8. A denial of Appellant's within emergency motion to extend time to file
Appellant's Amended Brief will cause irreparable harm and prejudice to Appellant.
9. That Appellant files her Emergency Motion To Extend Time To File Appellant's
Amended Brief, not for purposes of delay, but in the interest of justice.
10. There are extraordinary circumstances that have led to the filing of the within
emergency motion.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
2
BACKGROUND
11. On December 17, 2018, Appellant's former attorney, Timothy Hootman,
(Hootman),filed Appellant's Brief, despite the fact that Appellant, Hootman and
atty Gary Patterson had a pre-scheduled meeting for December 18, 2018, at
Hootman's office in Houston, and despite the fact that Appellant had asked
Hootman not to file it before said meeting.
12. Said meeting was scheduled for a number of reasons, which included the fact
that the trial transcript had been altered, that Hootman had failed to have all of the
relevant pleadings/records sent up to the Court of Appeals and that Hootman had
failed to address all of the appealable issues in said Brief.
13. On January 14, 2019, Hootman filed an unopposed motion to withdraw as
attorney for Appellant.
14. On January 15, 2019, the Court of Appeals granted Hootman's unopposed
motion to withdraw.
15. On January 18, 2019, Appellant Pro Se filed Appellant's Amended Motion To
Amend Appellant's Brief. Appellees did not respond, despite being served.
16. On January 23, 2019, the Court of Appeals granted Appellant Pro Se's
Amended Motion To Amend Appellant's Brief, with a due date of February 21,
2019.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
3
17. On February 12, 2019, Appellant Pro Se filed her first "Motion To Extend
Time To File Appellant's Amended Brief'. Appellant served Appellees via
certified mail. Said certified number was: 70181830000038971882. Appellees did
not respond.
18. Appellant's February 12, 2019 Motion To Extend Time To File Appellant's
Amended Brief was in reference to the following:
a. Volume 10 of the Reporter's Record,
• Evidence that had been admitted during the trial was not included in Vol. 10,
but was not listed as being excluded.
• Evidence that was excluded during trial was included in Vol. 10 as being
admitted.
• Evidence that was fabricated since the trial had ended was also included in
Vol. 10 as being admitted.
b. Pleadings/Records that had been previously filed with the Court Clerk for the
191 st District Court were missing and/or removed without a Court Order. These
pleadings and records are relevant and material to Appellant's Amended Brief.
c. Meeting with District Clerk, Felicia Pitre on January 18, 2019 regarding
missing and/or removed pleadings/records filed, and records not previously
filed on a certain date suddenly replacing records that were previously filed but
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
4
removed wherein, Felicia Pitre stated she would contact IT Department
regarding manipulation of filed pleadings/records, etc.
d. Communication with Claudia McCoy who had confirmed on January 7,
2019, that there was no record at the Court of Appeals for Appellant's
Supplemental Request For Clerk's Record filed with the Court Clerk on
December 31, 2018. That despite said supplemental request having been filed
by Hootman on December 31, 2018, said supplemental request was not filed on
the Court Portal until January 8, 2019. This is further despite the fact that there
is now a notation on the Court Portal that said supplemental request for clerk's
record was being prepared on January 4, 2019.
e. Appellant's Supplemental Request for Clerk Record filed Jan. 16, 2019
• Notation on Court Portal on Jan. 16, 2019 to "Bill Pro Se for this
supplement"
• Notation on Court Portal on Jan. 17, 2019 for Clerk's Record Payment
Notice
• Correspondence to the Court Clerk on Feb. 12, 2019 for documentation
of said payment notice.
f. Appellant's Supplemental Request For Reporter's Record on Jan.16, 2019
• January 18, 2019 voicemail from Melba Wright, Court Reporter for the 191 st
District Court, regarding one of the requested hearings having already been
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
5
transcribed, but which was transcribed incorrectly. Melba Wright stated that
she was going to notify the Court of Appeals on how to proceed.
• Feb. 12, 2019 filed Correspondence to Ms. Wright requesting copies of any
and all correspondence to the Court of Appeals regarding said incorrect
hearing transcript.
g. Appellant's Supplemental Request For Clerk's Record filed Feb. 12, 2019
19. The Court of Appeals granted Appellant Pro Se's first Motion To Extend Time
to File Appellant's Amended Brief to March 7, 2019.
20. On February 26, 2019, Appellant filed "Appellant's Motion To Extend Time
To File Appellant's Amended Brief'. Appellant served Appellees via certified
mail. Said certified number was: 70181830000038975668.
21. On February 27, 2019, Appellees filed "Appellees Objection To Motion For
Extension Of Time". Appellees, however did not serve Appellant said objection.
22. On March 1, 2019, Appellees then filed "Appellees Amended Objection To
Motion For Extension Of Time". Said objection was still in relation to Appellant's
February 26, 2019 motion. Appellees again failed to serve Appellant said amended
objection.
23. On February 27, 2019, Appellant filed "Appellant's Amended Motion To
Extend Time To File Appellant's Amended Brief'. Appellant served Appellee via
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
6
certified mail. Said certified number was: 70181830000038975682. Appellees did
not respond.
24. On March 1, 2019, Appellant filed "Appellant's 2nd Amended Motion To
Extend Time To File Appellant's Amended Brief'. Appellant served Appellees via
certified mail. Said certified number was: 70181830000038975729. Appellees did
not respond.
25. On March 4, 2019, Appellant filed "Appellant's 3rd Amended Motion To
Extend Time To File Appellant's Amended Brief'. Appellant served Appellees via
certified mail. Included in said service was a letter to the Court of Appeals, dated
March 4, 2019. Said letter was also attached as an exhibit in "Appellant's 3rd
Amended Motion To Extend Time To File Appellant's Amended Brief. Said
certified number was: 70181830000038975255.
26. On March 6, 2019, Appellees filed "Appellees Response To Motion For
Extension Of Time". Appellees again did not serve Appellant.
27. Said, "Appellant's 3rd Amended Motion To Extend Time To File Appellant's
Amended Brief' was Appellant Pro Se's second request for extension of time to
file her Amended Brief.
28. Appellant's 3rd Amended Motion To Extend Time To File Appellant's
Amended Brief was filed due to the following extraordinary circumstances:
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
7
a. Thirty-eight (38) records that have been previously requested to be sent up to
the Court of Appeals have not yet been sent up. All of the clerk's records that have
been requested are relevant and material to the issues being raised in Appellant's
Amended Brief.
b. There are at least six (6) records that had been previously filed with the
Court Clerk for the 191 st District Court, which are now missing and/or removed
from the Court Portal without a Court Order. Said records are also relevant and
material to the issues being addressed in Appellant's Amended Brief. Said records
include:
• Defendant's Answer to Motion To Withdraw, filed August 21, 2017
• Defendant's Motion To Exclude Expert Testimony and Report, filed
November 20, 2017.
• Notice of Past Due, filed on or about June 6, 2018
• DWOP Notice, which, according to the Court Portal, was mailed to all
parties. A hearing for said DWOP was originally scheduled for August 11,
2016, but was then cancelled without any records indicating why it was
canceled.
• Order Denying Defendant's Amended Special Exceptions, filed on or about
December 22, 2017.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
8
• Order Denying Defendant's Demand For Arbitration, filed on or about
December 22, 201 7
c. There are missing invoices, improper invoices and invoices not sent to
Appellant as it relates to the above-referenced thirty-eight (38) records, which
correspond to five (5) supplemental clerk's records requests .Said Supplemental
Requests For Clerk's Records were filed on the following dates:
• December 31, 2018, filed by atty Hootman
• January 16, 2019, filed by Appellant Pro Se
• February 12, 2019, filed by Appellant Pro Se
• February 26, 2019 , filed by Appellant Pro Se
• February 27, 2019, filed by Appellant Pro Se
e. One (1) of said five (5) supplemental clerk's records requests was filed under
an unrelated cause number. This is despite the fact that said supplemental clerk's
records request specifically identified the correct cause number (DC-16-05606).
Another supplement request was not filed on the portal despite having been filed,
and despite having a file stamp. That said supplemental request was filed only
after Appellant asked why it wasn't filed and only after Appellant sent
correspondence to Angela Conejo requesting her to locate and file it.
f. The fact that an Invoice, dated February 13, 2019, was received by Appellant,
that is not listed on any portal for any date. Said Invoice, dated February 13, 2019
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
9
also did not correspond to any of Appellant's above-referenced supplemental
request for clerk's records. Multiple requests to District Clerk, Felicia. Pitre,
Document production, Lead Clerk, Gay Lane and Transcripts Department, District
Deputy Clerk, Angela Conejo for clarification of said invoice have also gone
unanswered.
g. Incorrect and altered Reporter's Records, for which two more letters were
sent to the Court Reporter for the 191 st District Court, Melba Wright, but for which
she too has completely failed to respond. Said letters were sent via certified mail.
Letter dated February 13, 2018 with Certified Mail tracking number: 7018 1830
0000 3897 1851; letter dated February 28, 2019 with Certified Mail tracking
number: 7018 1830 0000 3897 1851. Melba Wright of Wright Reporter's, LLC has
failed to respond.
f. Felicia Pitre's failure to respond substantively, and then not at all, to
Appellant's repeated requests for clarifications, corrections and invoices that relate
to each outstanding supplemental clerk records requests.
g. Since Ms. Pitre failed to cooperate with Appellant's requests for clarification,
corrections and correct invoices, Appellant filed correspondence with the Court
Clerk of the 191 st District Court on February 25, 2019. Since filing said
correspondence, references to Appellant's supplemental requests for clerk's
records on the court portal have changed.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
10
29. Despite the fact that "Appellant's 3rd Amended Motion To Extend Time To
File Appellant's Amended Brief' is supported by documented evidence and also
conforms to Rules 10.S(b)(l)(c) and 10.3 (a)(l) of TRAP, the Court has not ruled.
30. That in addition to all of the above stated extraordinary circumstances, which
are outline above and which continue to persist, Appellant files the within
emergency motion pursuant to Rule 10.3(a)(3) of TRAP and does so for the
following additional reasons:
a. There are currently two (2) supplemental requests for clerk's records for which
an invoice has not been provided to Appellant.
b. The Court Reporter for the 191 st District Court, Melba Wirght, continues to fail
to respond to Appellant's requests for corrections and other relevant information,
which were mailed via certified mail. This is also addressed in "Appellant's
Motion To Extend Time To File Appellant's Amended Motion", filed February 12,
2019 and "Appellant's 3rd Amended Motion To Extend Time To File Appellant's
Amended Brief', filed March 4, 2019.
c. Despite having her requests for clarifications, correct invoices and corrections to
the Clerk's Records, in good faith, Appellant has paid the February 25, 2019
invoice. Said Invoice was for $1018.00, and referenced 993 pages. Appellant has
paid said invoice, in full. Despite said invoice being $1,018.00 and despite
Appellant having paid in full, said corresponding receipt erroneously states that
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
11
Appellant has an outstanding balance due, (Exhibit 1, Invoice, dated February 25,
2019 and Receipt, dated March 6, 2019).
d. In furtherance of good faith, Appellant has paid, in full, another invoice, dated
March 5, 2019. Said invoice was for $59.00, and referenced 34 pages. Despite said
invoice being $59.00 and despite Appellant having paid, in full, for said invoice,
said corresponding receipt erroneously states that Appellant has a balance due,
(Exhibit 2, Invoice, dated March 5, 2019 and Receipt, dated March 6, 2019).
e. Despite Appellant having paid, in full, on February 19, 2019, for her February
12, 2019 Supplemental Request For Clerk's Record, there is no indication
anywhere on the Court Portal that the Court of Appeals has received, or that a
confirmation number has been sent to the Court of Appeals. This is despite the
fact, that said invoice was paid sixteen ( 16) days ago. Said invoice and
corresponding receipt are included as an exhibit in "Appellant's 3rd Amended
Motion To Extend Time To File Appellant's Amended Brief', filed March 4, 2019.
f. On March 6, 2019, Appellant filed correspondence with the Court of Appeals,
wherein she addressed the ongoing issue of the thirty-eight (38) records not yet
having been sent up to the Court of Appeals, despite having been requested as far
back as December 31, 2018; the, at least, six ( 6) records/pleadings that were
previously filed, but that are now are missing and/or have been removed from the
Court Portal, etc. (Exhibit 3, Letter to COA, dated March 6, 2019).
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
12
g. In addition, in said correspondence to the Court of Appeals, dated March 6,
2019, Appellant included copies of said receipts and invoices (Exhibits 1, 2). Said
correspondence was also sent to Appellees attorney, David Kleiman via certified
mail.
EXTENDING APPELLANT'S TIME TO FILE APPELLANT'S
AMENDED BRIEF WILL NOT CAUSE ANY HARM TO APPELLEES
31. Appellant has never waived her right to be served.
32. Appellees have not served Appellant with the following:
a. "Appellees' Objection To Motion For Extension of Time", filed Feb. 27, 2019;
b. "Appellees 'Amended Objection To Motion For Extension of Time", filed
March 1, 2019;
c. "Appellees' Response To 3rd Amended Motion For Extension of Time", filed
March 6, 2019
In his Certificates of Service for each of said the above-referenced objections,
Appellees'attomey, David M. Kleiman, (Kleiman) states, in part, "I hereby certify
that a true and correct copy of this document has been served upon Appellant
Brigetta D 'Olivio via the Court's eFiling service at
beautifulhomesbvbrigetta1cvgmail.com, on this ... ".
33. Said statement in each of said certificates of service by Kleiman is absolutely
false.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
13
34. Appellant has never registered, nor has she ever given any person(s), nor any
entity, the permission to register her as an e-filer with any EFSP, including
Texasonline.gov. Appellant does not have an e-File account with any EFSP.
35. If Kleiman insists that she does, then Kleiman needs to produce the
registration, including from which IP address said registration was made, because
Appellant has never registered, and therefore, nor has she ever provided, nor has
she ever given permission to any person(s), nor entity to provide and/or use her
email address on any EFSP . Having an email address does not constitute
registration, nor does it create an account, as an e-filer with any EFSP.
36. Appellant has also not been served Appellees' above referenced filings via
email, certified, first class or regular mail. Simply filing a document does not
constitute service and, therefore, Appellees have not complied with Rule 9.5 of
TRAP.
37. It is clear from the absence of response by Appellees to Appellant's prior
motions to the Court of Appeals, that Appellees' only reason for filing said
objection to "Appellant's 3rd Amended Motion To Extend Time to File Appellant's
Amended Brief' was done, not for any legitimate purpose, but rather as an attempt
to gain a tactical advantage over Appellant by having her file her Amended Brief
without the complete, relevant and material records at the Court of Appeals.
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
14
38. It is further designed to prevent Appellant from addressing the multitude of
appealable issues birthed from the trial court proceedings of the underlying cause
number. Appellees are desperate to conceal the fraud they perpetrated, not only on
Appellant at the trial level, not only against the Court at the trial level, but also
against the Court of Appeals. Appellees know that the records, which Appellant
has requested from the Court Clerk, and which are relevant and material to
Appellant's Amended Brief will expose the fact that the underlying cause was
brought without merit in fact or law, and it will further show that Appellees tainted
the record on appeal by fabricating and altering evidence.
39. That the within motion is not brought for the purpose of delay, but in the
interest of justice and in contemplation of the avoidance of irreparable harm and
prejudice to Appellant.
WHEREFORE, Appellant prays that this Court grant, in its entirety,
Appellant's Emergency Motion To Extend Time To File Appellant's Amended
Brief on March 28, 2019 and for whatever further relief this Court deems fair and
just.
Respectfully Submitted,
~
; ; : ; : : D'Olivio
Appellant Pro Se
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
15
3800 Pebblecreek Ct., #120
Plano, TX 75023
214-733-7204
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
16
No. 05-18-00868-CV
IN THE COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS
Brigetta D'Olivio
Defendant-Appellant
v.
Greg Fox and Laura Fox
Plaintiffs-Appellees
On Appeal from the 191 st Judicial District Court
Dallas County, Texas
Tr. Ct. No. DC-16-05606
SWORN AFFIDAVIT
BEFORE ME, the undersigned, on this day personally appeared Brigetta D'Olivio. Known to
me to be the person whose signature is set forth herein. My name is Brigetta D'Olivio. I am over
18 years of age. I am a resident of Collin County, TX and am fully competent to make this
affidavit. I am the Appellant in the above-referenced case (No. 05-18-00868-CV). The facts
stated in the foregoing "Appellant's Emergency Motion To Extend Time To File Appellant's
Amended Brief', and the facts set forth therein are within my personal knowledge and the same
are true and correct.
Plano, TX 75023
214-733-7204
SUBSCRIBED and SWORN to before me, the undersigned, on this 7th day of March 2019, to
d and seal of office .
.:-t~~~!'.tfi/~ RICHARD HERNANDEZ
[f{~·:~i Notary Public, State of Texas
';.:fe,~.~/lf
, ,~ •. '«<' Comm. Expires 09-20-2020
,,,,,Rf,,,,,, Notary ID 130829371
In and for the State of Texas
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
17
EXHIBIT 1
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
18
FELICIA PITRE
DALLAS COUNTY DISTRICT CLERK
600 Commerce Street, Suite 101
Dallas, Texas 75202-4604
IN ACCOUNT WITH
DATE: February 25, 2019
BRIGETTA D'OLIVIO
3800 PEBBLECREEK CT
PLANO TX 75023
INTERNAL REVENUE SERVICE
IDENTIFICATION No.: XX-XXXXXXX
Cause No. DC-16-05606
Style of Case
GREG FOXet al
vs.
BRIGETTA D'OLIVIO
Pages: 993
Supplemental Clerk's Record Fee- $993.00
Transcript Fee- $ 25.00
Attorney Copy Fee- NIA $ 0.00
Total Fee- $1018.00
Supplemental Clerk's Record will be delivered to the Court of Appeals upon payment.
Please forward payment with invoice in the next 3 business days.
Please return a copy of this statement with remittance.
Thank you.
GAY LANE
Cc:
Lisa Matz
Clerk of the Court, Court of Appeals
Fifth District of Texas at Dallas
George L. Allen Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
OFFICIAL RECEIPT
DALLAS COUNTY OFFICIAL RECEIPT FELICIA PITRE, DISTRICT CLERK
Payor Receipt No.
D'OLIVIO, BRIGEITA 15104-2019-DCLK
3800 PEBBLECREEK CT.
PLANO, TX 75023 Transaction Date
03/6/2019
l Description Amount Paid I
D'OLIVIO, BRIGETTA
DC-16-05606
GREG FOXet al vs. BRIGETTA D'OLIVIO
JURY FEE 7.69
TRANSCRIPT FEE 77.28
TRANSCRIPT FEE 191.73
TRANSCRIPT FEE 700.69
TRANSCRIPT FEE 40.61
SUBTOTAL 1,018.00
Remaining Balance Due: $461.00
PAYMENTTOTAL '~~~~1~,0_1a_.o_o~I
CASH Tendered 1 020.00
Total Tendered 1,020.00
Change 2.00
03/06/2019 Cashier Audit
12:28 PM Station DC124 62900194
OFFICIAL RECEIPT
EXHIBIT 2
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
19
FELICIA PITRE
DALLAS COUNTY DISTRICT CLERK
600 Commerce Street, Suite 101
Dallas, Texas 75202-4604
h ACCOUNT WITH
DATE: March 5, 2019
BRIGETTA D'OLIVIO
3800 PEBBLECREEK CT
PLANO TX 75023
11\TER!\AL REVE'.\UE SERVICE
IDE'.\TIFICATJO'.\ NO.: XX-XXXXXXX
Cause J'\o. DC-16-05606
Style of Case
GREG FOXet al
vs.
BRIGETTA D'OLIVIO
Pages: 34
Supplemental Clerk's Record Fee- $34.00
Transcript Fee- $25.00
Attorney Copy Fee- r,;./A $ 0.00
Total Fee- $59.00
Supplemental Clerk's Record will be delivered to the Court of Appeals upon payment.
Please forward payment with invoice in the next 3 business days.
Please return a copy of this statement with remittance.
Thank you.
GAY LANE
Cc:
Lisa Matz
Clerk of the Court, Court of Appeals
Fifth District of Texas at Dallas
George L. Allen Sr. Com1s Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
OFFICIAL RECEIPT
DALLAS COUNTY OFFICIAL RECEIPT FELICIA PITRE, DISTRICT CLERK
ror Receipt No.
)LIVIO, BRIGETTA 15105-2019-DCLK
)0 PEBBLECREEK CT.
ANO, TX 75023 Transaction Date
03/6/2019
escription Amount Paid I
'OLIVIO, BRIGETIA
DC-16-05606
GREG FOXet al vs. BRIGETIA D'OLIVIO
JURY FEE 0.45
TRANSCRIPT FEE 4.48
TRANSCRIPT FEE 11.12
TRANSCRIPT FEE 40.59
TRANSCRIPT FEE 2.36
SUBTOTAL 59.00
Remaining Balance Due: $402.00
PAYMENTTOTAL ~'~~~~5_9._00_,i
CASH Tendered 60.00
Total Tendered 60.00
Change 1.00
03/06/2019 Cashier Audit
12:32 PM Station DC124 62900207
OFFICIAL RECEIPT
EXHIBIT 3
APPELLANT'S EMERGENCY MOTION TO EXTEND TIME TO FILE APPELLANT'S AMENDED BRIEF
20
D'Olivio v. Fox. ET Al Case No. 05-18-00868-CV Tr. Ct. No. Dc-16-05606 Ext5ion Motion Pending
BRIGETTA D'OLIVIO
3800 PEBBLECREEK CT. APT. 120
PLANO, TX 75023
214-733-7204
I
LIZA MATZ
Clerk of the Court, Court of Appeals DATE: March 6, 2019
Fifth District of Texas at Dallas
George L. Allen Sr. Courts Building
600 Commerce St., Suite 200 I
Dallas, Texas 75202
Re: Case No. 05-18-00868-CV (Tr. Ct. No. DC-16-05606)
Style: Brigetta D'Olivio
v. Greg Fox and Laura Fox
Dear Ms. Matz,
Appellant, Brigetta D'Olivio filed on February 26, 2019, her "Motion To Extend Time" to file
Appellant's Amended Brief.
On March 4th, 2019, Appellant then filed her "Appellant's 3rd Amended Motion To Extend Time
To File Appellant's Amended Brief'.
Appellee's Laura and Greg Fox, through their attorney, David M. Kleiman, have not served the
AppeIIant. As stated in said March 4th, 20 I 9 "Appellant's 3rd Amended Motion To Extend Time
To File Appellant's Amended Brief', the Certificates of Service filed by attorney Kleiman, are
false.
Simply filing the ''Appellee 's Objection to Motion For Extension of Time" and "Appellee 's
Amended Objection to Motion For Extension of Time", with the 5th Court of Appeals, and stating
that he e-::filed Appellant (Appellant does not have an e-file account nor has Appellant ever
registered for an e-file account, nor given anyone nor any entity, the permission to register her as
an e-filer on any EFSP) does not constitute service.
Appellant has moved the Court of Appeals through the filed March 4th, 2019, "Appellant's 3rd
Amended Motion To Extend Time To File Appellant's Amended Brief', for the following reasons
(Appellant's pending Motion details the partial list, listed below):
1. Thirty-Eight (38) Records that have been previously requested to be sent up to the Court
of Appeals, have not been sent up.
I of6
Correspondence Letter to 5th Court of Appeals-Attn. Li7JJ Matz dated 3/612019- 2 pages
Invoice & Receipt- $59.00- 2 pages
Invoice & Receipt- $1018.00- 2 pages
o·olivio \.Fox.Er Al Case :--.o. 05-18-00868-CV Tr. Ct. "\;o. Dc-16-05606 Extension Motion Pending
2. At least six (6) Records that had been previously filed with the Court Clerk for the 191 ' 1
District Court (Cause No. DC-16-05606) are now missing and/or have been removed
from the Court Portal without a Court Order to do so.
3. There are errors and alterations in the Reporter's Record.
4. There are missing invoices, improper invoices and invoices not sent to Appellant as it
relates to the above-referenced thirty-eight (38) records requested
5. The District Clerk's Ofiice and Felicia Pitre have failed to respond to requests made by
Appellant in regards to invoices, filings, including Supplemental Requests filed with
proper cause number (DC-16-05606) yet, improperly filed on portal by District Clerks
under the improper cause number (DC-18-18015)
6. Errors in Master Index of Reporter's Record
7. Manipulation of the Court Portal
8. Etc.,
Appellant, in good faith, has paid the invoice received on March 5th, 2019, (albeit, no reference
on invoice indicating what Supplemental Request-file stamped date and time, it pertains to -
Appellant requested in writing for clarification and the District Clerk's Office bas faiJed to
communicate and answer Appellants' requests for clarification) in the amount of $5 9. 00.
Appellant, in good faith ha~ ?aid a\'\. invQice dated Febi::uai::y 25, 2019, (albeit, no reference on
invoice indicating what Supplemental Request-file stamped date and time, it pertains to-
Appellant requested in writing for clarification and the District Clerk's Office has failed to
communicate and answer Appellants' requests for clarification) in the amount ofSIOI8.00.
Receipts for invoices, are paid in full and are enclosed in this letter.
Although the invoices received as of March 5th, 2019, are paid in full and paid in good faith, the
Records requested by Appellant must be prepared and sent up to the 5th Court of Appeals with
confirmation of such and, with the Appellant requiring time to review the records for accuracy
and completeness. There are invoices for Supplemental Requests for Clerk· s Record. not yet
received.
The Appellant's Brief is scheduled for March 7, 2019.
The Appellant has shown good cause and believes that in the interest of justice, the ··Appellant's
3rd Amended 1\1otion To Extend Time To File Appellant's Amended Brief', be answered and
granted.
Respectfully Yours,
Brigetta D'OliYio, Appellant-Pro-Se
I of6
Correspondence Letter to 5" Court of Appeals-Attn. Li1a yfatL dated 3,'6, 2019- 2 page,
1
Imoice & Receipt- S59.00- 2 pages
Im oice & Receipt- S 1018.00- 2 pages
FELICIA PITRE
DALLAS COUNTY DISTRICT CLERK
600 Commerce Street, Suite 101
Dallas, Texas 75202-4604
h ACCOUNT WITH
DATE: March 5, 2019
BRIGETTA D'OLIVIO
3800 PEBBLECREEK CT
PLANO TX 75023
ll\TEMAL REVE~UE SERVICE
lDE'.'iTIFICATIO'.'i No.: XX-XXXXXXX
Cause No. DC-16-05606
Style of Case
GREG FOXet al
vs.
BRIGETTA D'OLIVIO
Pages: 34
Supplemental Clerk's Record Fee- S34.00
Transcript Fee- $25.00
Attorney Copy Fee- l\"/A $ 0.00
Total Fee- $59.00
Supplemental Clerk's Record will be delivered to the Court of Appeals upon payment.
Please.forward payment with invoice in the next 3 business days.
Please return a copy of this statement with remittance.
Thank you.
GAY LANE
Cc:
Lisa Matz
Clerk of the Court, Court of Appeals
Fifth District of Texas at Dallas
George L. Allen Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
OFFICIAL RECEIPT
DALLAS COUNTY OFFICIAL RECEIPT FELICIA PITRE, DISTRICT CLERK
,or Receipt No.
)LIVIO, BRIGETIA 15105-2019-DCLK
)0 PEBBLECREEK CT.
ANO, TX 75023 Transaction Date
03/6/2019
escription Amount Paid I
'OLIVIO, BRIGETIA
DC-16-05606
GREG FOXet al vs. BRIGETIA D'OLIVIO
JURY FEE 0.45
TRANSCRIPT FEE 4.48
TRANSCRIPT FEE 11.12
TRANSCRIPT FEE 40.59
TRANSCRIPT FEE 2.36
SUBTOTAL 59.00
Remaining Balance Due: $402.00
PAYMENTTOTAL~I~~~~59_._oo_.l
CASH Tendered 60.00
Total Tendered 60.00
Change 1.00
03/06/2019 Cashier Audit
12:32 PM Station DC 124 62900207
OFFICIAL RECEIPT
FELICIA PITRE
DALLAS COUNTY DISTRICT CLERK
600 Commerce Street, Suite 101
Dallas, Texas 75202-4604
IN ACCOUNT WITH
DATE: February 25, 2019
BRIGETTA D'OLIVIO
3800 PEBBLECREEK CT
PLANO TX 75023
INTERNAL REVENUE SERVICE
IDENTIFICATION No.: XX-XXXXXXX
Cause No. DC-16-05606
Style of Case
GREG FOXet al
vs.
BRIGETTA D'OLIVIO
Pages: 993
Supplemental Clerk's Record Fee- $993.00
Transcript Fee- $ 25.00
Attorney Copy Fee- N/A $ 0.00
Total Fee- $1018.00
Supplemental Clerk's Record will be delivered to the Court of Appeals upon payment.
Please forward payment with invoice in the next 3 business days.
Please return a copy of this statement with remittance.
Thank you.
GAY LANE
Cc:
Lisa Matz
Clerk of the Court, Court of Appeals
Fifth District of Texas at Dallas
George L. Allen Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
OFFICIAL RECEIPT
DALLAS COUNTY OFFICIAL RECEIPT FELICIA PITRE, DISTRICT CLERK
Payor Receipt No.
D'OLIVIO, BRIGETIA 15104-2019-DCLK
3800 PEBBLECREEK CT.
PLANO, TX 75023 Transaction Date
03/6/2019
I Description Amount Paid !
D'OLIVIO, BRIGETTA
DC-16-05606
GREG FOXet al vs. BRIGETTA D'OLIVIO
JURY FEE 7.69
TRANSCRIPT FEE 77.28
TRANSCRIPT FEE 191.73
TRANSCRIPT FEE 700.69
TRANSCRIPT FEE 40.61
SUBTOTAL 1,018.00
Remaining Balance Due: $461.00
PAYMENTTOTAL ''--~~-1~,0_18~._oo__,j
CASH Tendered 1 020.00
Total Tendered 1,020.00
Change 2.00
03/06/2019 Cashier Audit
12:28 PM Station DC124 62900194
OFFICIAL RECEIPT
No. 05-18-00868
IN THE COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS
Brigetta D'Olivio
Defendant-Appellant
V.
Greg Fox and Laura Fox
Plaintiff-Appellee
On Appeal from the 191 st Judicial District Court
Dallas County, Texas
Tr. Ct. No. DC-16-05606
CERTIFICATE OF SERVICE
I, Brigetta D'Olivio, Appellant in the above-caption case, do certify that on the
7th day of March 2019, I served David M. Kleiman, who is the attorney for
Appellees Greg Fox and Laura Fox, the within "Appellant's Emergency Motion
To Extend Time To File Appellant's Amended Brief'', dated March 7, 2019. Said
service was made via certified mail service, cc#, 7018 1830 0000 3897 5279
at the last known address for David M. Kleiman:
Vincent Serafino Geary Waddell Jenevein Law Firm
David M. Kleiman
1601 Elm St. Suite 4100 Dallas,
TX 75201.
rige a D'Olivio, Appellant
3800 Pebblecreek Ct, #120
Plano, TX 75023
214-733-7204
beautifulhomesbybrigetta@gmail.com