Charles Ronald Wade v. Harris County, Harris County Department of Education, Port of Houston Authority of Harris County, Harris County Flood Control District, Harris County Hospital District, City of Houston, Houston Independent School District, and Houston Community College Sy

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ACCEPTED 01-15-00155-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 2:49:30 PM CHRISTOPHER PRINE CLERK CASE NO. 01-15-00155-CV ______________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 2:49:30 PM FOR THE FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk CHARLES WADE, APPELLANT VS. HARRIS COUNTY , ET AL., APPELLEES On Appeal from the 295TH Judicial District Court of Harris County, Texas, Trial Court No. 2011-69056 ____________________________________________________________________ APPEALLANT MOTION FOR REHEARING _________________________________________________________________ Charles R Wade 4318 Woodmont Houston, Texas 77045 713-434-0127 PRO SE FOR APPEALLANT MOTION FOR REHEARING COMES NOW CHARLES WADE, Appellant in this cause and moving for rehearing and in support thereof says: Point Relied on for Rehearing: This Honorable First Court of Appeals should grant Appellant motion for rehearing because the issue raised in Appellants’ appeal concern an issue of significance to the jurisprudence of this state. Appellant raise only one issue for rehearing and this issue has been raised in this Honorable First Court of Appeal in another case where the Supreme Court of Texas reversed the Honorable First Court ruling and remanded back to trial court. Walker v. Blue Water Garden Apartments, 776 SW 2d 578 - Tex: Supreme Court 1989. Appellant point is based on the facts that appellant file a pauperis affidavit within the ninety day allowed to prefect an appeal if Appellant filed a timely motion for new trial which Appellant did in this cause. (See Exhibit 1). Much like what happen in Walker Supra, this Honorable First Court of Appeals did not address this Appellant argument that Appellant filed Affidavit of inability to pay court cost in the Trial Court. (See 1st Court of Appeal Judgement of June 16, 2015, also see INTRODUCTION paragraph (4) of Appellant RESPONSE TO COURT NOTICE OF 05/14/15 AND/OR RESPONSE TO APPELLEE MOTION TO DISMISS) (Also see Linwood v. NCNB Texas, 885 SW 2d 102 - Tex: Supreme Court 1994). Appellant contends that the Affidavit of inability to pay court cost, stamped filed September 4, 2014, was filed 35 days after trial court judgement was signed on August 1, 2014, was filed in a bona fide attempt to invoke appellate court jurisdiction.  UNITED ASS'N OF JOURNEYMEN, ETC. v. Borden; accord Woods Exploration & Producing Co. v. Arkla Equip. Co., 528 S.W.2d 568, 570 (Tex.1975) 2    Argument: Appellant filed Affidavit of Inability to pay Court Cost "Forma Pauperis", on September 4, 2014, which was 35 days after trial court judgement was signed. In Lilnmod Supra, Linwood corrected his own error 53 days afo.)r the judgment was signed by filing his cost bond. The Court of Appeal stakd in Linwood Supra, "The court of appeals, however, has jurisdiction over the appeal if a party files an instrument in a bona fide attempt to invoke the appellate court's jurisdiction. Grand Prairie lndep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex.1991); Walker v. Blue Water Garden Apartments, 776 S.W.2d 578, 5 81 (Tex.1989)." Since Appellant had filed a timely motion for new trial and filed Affidavit of Inability to pay Court cost, on September 4, 2( 14, which was 35 days after trial court judgement was signed 1 ' stated above, there is no other reas< m Appellant file Affidavit of Inability to pay Comi cost but to invoke the appellate court's jurisdi<. tion.(See Exhibit 1). Praver: Appellant pray that this Honorable Court set aside the Judgement of June 16, 2015, and allow Appellant to proceed in this . \ppeal. Respectfully Submitted, Charles R Wade, Pro Se 4318 Woodmont Houston, Texas 77045 713-434-0127 3 CERTIFICATE OF SERVICE As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I hereby certify that a true and correct copy of the forgoing instrument has been furnished to Edward J. (Nick) Nicholas, LINEBARGER GOGGAN BLAIR & SAPSON, LLP, 4828 Loop Central Drive, Suite 600, HOUSTON, TEXAS 77081, the following counsel of record by faxing to (713) 844-3504, by E-Mail to: nick.nicholas(c:i{lgbs.com and by electronic filing through Efile.Texas.gov, properly addressed and transmitted, July 6, 20.Ll_. ~R. IJJb?& Charles R Wade, Pro Se 4318 Woodmont Street Houston, Texas 77045 713-434-0127 Shelly Raymond Wade 8114 Hideaway Lake Circle Spring, TX 77389 Efile. Texas.gov Dr. Alex Melvin Wade, Jr. 01624189 Mark W. Stiles 3060 FM 3514 Beaumont, Texas 77705 United States mail Dianne Ruth Winzer Aka Dianne Ruth Wade 13518 Windy Willow Drive Missouri City, TX 77 489 Efile.Texas.gov Liberace Wade 8152 Scenic Hwy., Ste. C Baton Rouge, LA 70807 Efile.Texas.gov 4 Gary Bernard Wade 15206 Wimberly Park Dr. Houston, TX 77049 Efile.Texas.gov Patsy Wade Rt. 4 Box 4860 San Augustine, TX 75972 Efile.Texas.gov Jan ice Faye Coleman 16727 Lone Quail Ct Missouri City, TX 77 489 Efile.Texas.gov Perdue, Brandon, Fielder, Collins & Mott Attorneys for Five Corners Improvement District 1235 N. Loop West, Suite 600 Houston, Texas 77008 Via Facsimile: (713) 862-1429 Attorney Annie Briscoe 1217 Prairie Street Houston, Texas 77002 (713) 270-8732 Efile. Texas.gov ~t?c.W~ Charles R Wade, Pro Se 4318 Woodmont Houston, Texas 77045 713-434-0127 Date: July 6, 2015 5 CASE NO. 01-15-00155-CV CHARLES WADE, APPELLANT VS. HARRIS COUNTY , ET AL., APPELLEES EXHIBIT 1 TO APPELLANT MOTION FOR REHEARING 9/4/2014 5:43:20 AM Chris Daniel - District Clerk Harris County Envelope No. 2370194 By: Euniecy Gentry k er Cl t ric ist lD nie Da is hr C of e ffic yO op C ial fic of Un Un of fic i al Cop yO ffic e of C hr is Da nie lD ist ric t Cl er k Un of fic i al Cop yO ffic e of C hr is Da nie lD ist ric t Cl er k