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
01-15-00155-CV
| Tex. App. | Jul 8, 2015Background
- Charles Wade, pro se, appeals from the First Court of Appeals in Case No. 01-15-00155-CV arising from Harris County trial court judgment in 2011-69056.
- Appellant seeks rehearing arguing the issue has jurisprudential significance and cites Walker v. Blue Water Garden Apartments (Tex. Sup. Ct. 1989) as controlling.
- Wade filed an Affidavit of Inability to Pay Court Costs on September 4, 2014, 35 days after the judgment signed August 1, 2014, to invoke appellate jurisdiction.
- The First Court of Appeals previously did not address Wade’s assertion that the pauperis filing should toll or permit appellate jurisdiction, referencing Linwood v. NCNB Texas (Tex. Sup. Ct. 1994).
- Wade contends the timely motion for new trial together with the cost affidavit support appellate jurisdiction, citing related authorities such as Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports and other lineage.
- Wade petitions the court to set aside the June 16, 2015 judgment and permit him to proceed with the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pauperis affidavit timely invoked appellate jurisdiction | Wade argues bona fide invocation per Linwood/Walker | Appellee contends no jurisdiction due to late cost filing | Not stated in excerpt |
Key Cases Cited
- Walker v. Blue Water Garden Apartments, 776 S.W.2d 578 (Tex. 1989) (jurisdictional invocation related to pauperis filings)
- Linwood v. NCNB Texas, 885 S.W.2d 102 (Tex. 1994) (corrects timing considerations for invoking appellate jurisdiction)
- Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499 (Tex. 1991) (jurisdictional instruments bona fide to invoke appeal deemed timely)
- Woods Exploration & Producing Co. v. Arkla Equip. Co., 528 S.W.2d 568 (Tex. 1975) (outline of timely filing and jurisdictional considerations)