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
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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
Combined Opinion