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Luther W. Cobb, Sr. v. Marilene F. Cobb
03-14-00325-CV
| Tex. App. | Jan 27, 2015
|
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Case Information

*1

FILED

January 27, 2015 Third Court of Appeals Jeffrey D. Kyle Clerk

COURT OF APPEALS NUMBER 03-M-00335-6V (TRIAL COURT CASE NUMBER 261-263-B)

IN THE COURT OF APPEALS FOR THE STATE OF TEXAS (Third Supreme Judicial District) LUTHER W. COBD SR MARILENE F. COBB Appealed From the 264th Judicial District Court of Bell County, Texas APPELLANT'S BRIEF

Respectfully Submitted,

LUTHER WAYNE COBD 1294301 Michael Unit 2664 FM 2054 Tennessee Colony TX 75886 903-938-2311

*2

LIST OF PARTIES

Attorney Gresory Keith Simmons 714 North 4th Street Killeen, IX 76541 Appellee Mobilene Ferrer Cobb 110 E. Valley Road Harker Heights ix 76548 The Honorable Billy Ray Stubblefield Administrative Judge William County CoOrthouse 405 Martin Luther King, Box 2 Georgetown TX 78628 The Honorable Martha J. Trudo District Judge, 264th District Court Bell County CoOrthouse P.O. Box 747

Bethon TX 76513

The Honorable District clerk Bell County Courthouse P.O. Box 707

Bethon TX 76513-3976 Appellant L.Uther Wayne Cobb Michael Unit 2664 FM 2054 Tennessee Colony ix 75886

*3

TABLE OF CONTENTS

| I TEMS | PAGE3 | | :--: | :--: | | Identity of Parties and Counsel | i | | Table of Contents | ii | | Index of Authorities | iii | | Statement of the case | 1 | | Issues Presented | 2 | | Statement of Paet | 3,45 | | Summ of the Argument | 6,7,8 | | Arguments | 9,10,11,12,13,14,15,16,17 | | Prayer | 18 |

*4

INDEX OF AUTHORITIES

CASES

Jlate ease

PAGES

Chaver v Housing Author of El Paso 85734020503

(TeX. App.-EL Paso 1955) Eherne Indus, Ins v Magellanes 76334020768 (TeX. 1985) 13 Dewson-Austin 968340207322 (TeX.1998 Fuseher 5634030268 Hesspensen v State 346340, 758,767 In re 24,7, 124 34030 165, 166 (TeX 2005) Hill v Hill 339340307478 (TeX. 2010) Leel v City of Rosenberg 17 34030365 (TeX. App. Amarillo 2000) Linwood v Menu Texas 885 34020 109, 103 Mueller v Serous 826 34020 608, 609 (TeX. 859 Remous v Richardson 228 34030 671 (TeX. 1959 Viekery v Commission for Lawyer Discipline 534030 241, 253 (TeX. App. Houston CityDist. 1959 Pet. denud Walker 776 34020 67581 10 Wanner v Glass 135 34030681 (TeX 2004) 12 Supreme Court ease Houston v Laek 487 U.S. 266, 276 108 3.84, 2575, 101 4.60, 202 245 (1985 Texas Rule of civil procedure Rule 957 10,11,13,14 Rule 306 1012 Rule 256 9,10,13 Rule 316 14

Texas Rule of Appellate Propedure Rule 26.1 (C) 14,11 13,14 Rule 9.2 (B)(22 Rule 40 and 41 12 , 13 , 14 , 15 5

*5

STATEMENT OF THE CASE

On December 18th 2012 the Orisini Petition for Div-oree (eR-I-5 through 8) was, Filed. Somebody eAused 5 Motion To Reeuse to be Filed, the hecring happened on July 11, 2013 (eR-I-37). Honorcble Judge Riek Morris presided over the proeeding on July 11, 2013 (eR-I-37). On November 14th, 2013 a Divoree Hearing (eR-I-47) was presided over by Honorable Judge Morthic Trudo and granted the Divoree. The Enter Order Hearing to 3 isn the Final Deeree of Divoree was held on February 18th 2014 and on this date the eourt 3 isned the Fincl Deeree of Divoree (eR-I- 86 through 96). Appellent Filed a premature "Request for Finding of Feet and Conelusion of Law" (eR-I-55 through 67) On 12-3-13. Appellent Filed a timely "Notiee"of Past Due Finding of" Feet and Conelusion of Law (eR-I-107 through 108) on Mureh 17, 2014 extending appellate timetable fo File Notiee of Appell to May 18th, 2014. Appellent Filed a timely notiee of Appell (eR-I-111) MAY 13,2014 giving this eourt jurisdiction

*6

I33UES PRESENTED

  1. Did Appellent's prematurely filled, Rule 236 "Request for Finding of Faet and Conclusion of Law" followed by timely Filed "(3-17-14) "Notice of Past Due Finding of Fart and Conclusion of Law" extend deadline within "Which to perfect appeal to 70 days After Final Deeree of Divoree was signed 2-18-14 allowing timely (5-13-14 Notice of Appeal
  2. Did trial court abuse it's diseretion by failing to file "Finding of Fart and Conclusion of Law"after timely (3-17-44) "Notice of Past Due Findings of Fart and Conclusions of Law" was filled with clerk

3 Cause number 261 , 263 − D is void because Appellee's trial counsel commit drafting error by drafting the Final Deeree of Divoree under cause number 266,263-D Which was signed the Trial Judge but in a previous biworee proceeding ruled Appellent couldn't object to the cause number 261 , 263 − D

4 Trial court didn't have jurisdiction over the person Marilene Ferrer Robb

5 Cause Number 261,263-D is void because no finding of ability to pay child support

6 Appellent denied areess to court by not allowing to be present by phone

7 Cause number 261,263-D void for not making finding of what Appellent was convicted of

8 Cause number 261,263-D void for not making finding of Where the money is

*7

STATEMENT OF FACTS

I ssué one, in the clerk's Reeord (CR) is an AFFidsvit ece (CR-I-13 through 78). Within these doeuments Appellent invoked appellate jurisdiction by revecling his Pincneial Status in statements under penalty of perjury by expressing no 300 ree of ineome and no money on hend (CR-I-74 and 75). Appellent expressed he had no money to pay court cost.... or any fee of cost associated with this cause (CR-I-75). Appellent's first "Request for Findins of Fart and Conelusibn of Law" was prematurely Filed (CR-I-59 through 67) 13-3-13 by Appellent placins it in the Michael Unit's outgoing prison mailbox. This made it premature but timely beppote the Final Deeree of Divoree Which was Filed and Signed 3-18-14 (CR-I-86 through 76). A Seeond 'Finding of Fart and Conelusion of Law" Was Filed 3-7-14 by Appellent plasing it in the Michael Unit's Outgoing prison' mailbox. The Michael Unit's Internal Mailing system has up to two workins days to process Outgoing ineomins mail, they loosed the Seeond "Findins of Fact and Conelusion of Law"reeeived by the Michael Unit's Internal Mailing system on 3-10-14 (see Exhibits Δ Band E) but the eodrt Filed it 3-13-14 (CR-I79 through 106). A "Notree of Past Due Findings of Fact and Conelusion of Law" was Filed 3-17-14 when Appellent played it in the Michael Unit's outgoing prison mailbox and the Michael Unit's Internal Mailing system loosed this is being reeceived 3-17-14(see Exhibit 3 A Band E) the court Filed this document 3-21-14 (CR-I-107 through 108). Appellote had until 3-15-14 to file the letter doeument. A notice of Appeal was Filed 5-13-14 when Appellent played it in the Michael Unit's outgoing prison mailbox or when Michael Unit's Internal Mailing system loosed this is being reeceived 5-13-14 (see Exhibit 8) but the court Filed this Notiee of Appeal 5-15-14 (CR-I-III), but the dectline to File Notiee of Appeas was 5-18-14.

*8 Issue Two, Appellant's First "Request for Finding of Fart and Conclusion" of Law" was prematurely Filed (CR-I59 through 67) 12-3-13 by Appellant bluelns it in the Michael Unit's Outgoing prison 'mailbox. This made it premature but timely before the Final Deeree of Divorce which was Filed and Signed 2-18-14 (CR-I-86 through 96). A second "Finding of Fart and Conclusion of Law" was Filed 3-7-14 by Appellant placins it in the Michael Unit's outgoing prison mailbox. This made it within the twenty day time limit to request Finding of Fart and Conclusion of Law" starting from the 2-18-14 Final Deeree of Divorce date. Appellant empo hasize the Michael Unit's Internal mailing system has up to two working days to process out/going/ineomins mail, they logged the second "Finding of Fart and Conclusion of Law" received by the Michael Unit's Internal Mailing system on 3-10-14 (see Exhibit 38 and 8) but the count Filed it 3-13-14 (CR-I-99 through 106). The clerk, count and Appellee over looked the prematurely Filed Request for Finding of Fart and Conclusion of Law" (CR-I-59 through 67) but used the count's File date of 3-13-14 which was the second "Request for Finding of Fart and Conclusion of Law and said "this document was Filed on march 13th, 2014. This was twenty-three days after the judgment was signed" (CR-I-109). The 3-13-14 File date was use of justification not to conduct Finding of Fart and Conclusion of Law by the count and Appellee. Within 30 days (2-18-14) after the first prematurely filed Request for Finding of Fart and Conclusion of Law went into effect 2-18-14 Appellant Filed a "Notice of Past Due Finding of Fart and Conclusion of Law" (CR-I-107 through 109) on 3-17-14 when Appellant placed it in the Michael Unit Outgoing prison mailbox and the Michael Unit's Internal Mailing system logged this as being received 3-17-14 (see Exhibit 38 and 8) the count filed this document 3-21-14 (CR -I-107 through 109). Appellate had until 3-19-14 to file "Notice of Past Due Finding of Fart and Conclusion of Law"was Filed 3-17-14. Notice of Appell was Filed 5-13-14 (see Exhibit 8) the decline was 5-18-14

*9 I ssu Three: in the elenk's Record is Fins Deeree of Divoree (RR-I-36 through 36) drafted under eause number 264, 263-D Also in the elenk Record (RR-I-30 is s proposed Judiment request by the Judiee which was taken out of the elenk Record. Feo(Incorporate Exhibit H) The removed proposed Final Deeree of Divoree was sent to Appellant. All communication between Appellant and Appellee was under ensse number 266, 263-D. See Exhibit F, G, H and all communication by Appellant to the gount: In the Reporter Record (RR) Appellant objected, this gount does not have jurisdiction (RR-I-29) Appellant ask if he eavid list his objections (RR-I-24) but the Jute kept interrupting before he eavid fully object and preserve error for revid See (RR-I-33) Appileant objected (RR-I-6) he had not receive reeunds as to whnt this proveeding was see (RR-I-5 and 6). Appellant"I have not finished my objection. I don't think you have jurisdiction? See (RR-I-9) a.e. I need to need to put on my Jutisdiction objection. The gount: No sir. You don't. MR eOOB: I cannot object on jurisdiction? The gount No sir.

*10

SUMMARY OF ARGUMENT

The Trisl court should have allowed the premcturely filed "Request for Finding of Fact and Conclusion" of Law" to be effective on February 18th, 2014 but subsequent to the time of signing the February 18th 2014 Final Divoree Deeree. The trisl court should allow the date Appellant deposited his filing in the Michael Unit's outgcing prison mailbox is his file date. Issue one.

*11

SUMMARY OF ARGUMENT

The Trial Court should not overlook the onisingl prematurely filled "Request for Finding of Fact and Conclusion of Law but improperly considered the second "Request for Finding of Fact and Conclusion of Law" as justification not to file its finding of fact and. Conclusion of Law and improperly considered the Court's MArch is 2014 file date instead of the second "Request for Finding of Fact and Conclusion of Law's prison mailbox rule MArch 7 th 2014 file date. Issue Two.

*12

Summary of ARGUment

Trial eount should have allowed jurisdiction objection Issue three

*13 ARGUMENT

Addressing issue one the ruling cheveux v. Housing. Auth., of EL. PA30 877 S.W. 2d 523 (Tex. App. - EL. PA30 877-3) State, "Texes Rules of Appellate Procedure (TRAP), Rule 40 and 41 establish the process for perfecting an appeal." Id. at 525. The normal process for the perfection of a civil appeal is the filing of a cost bond, cash deposit, or affidavit of inability to pay cost on appeal, and giving notice thereof to all other parties. It is the timetable for the filing of these documents which becomes critical in this case. "Id. at 525, "When Security for costs on appeal is required, the bond or affidavit in lieu thereof shall be filed with the clerk within thirty days after judgment is signed or, within ninety days after ... timely filed a request for finding of fact and conclusion of law in a case tried without a jury." (emphasis added). Id. at 525.

(TRAP) changed, Rule 26.1 states, "The notice of appeal must be filed within 30 days after the judgment is signed, except as follows: (a) the notice of appeal must be filed within 70 days after judgment is signed if any party timely filed a request for finding of fact and conclusion of law if finding and conclusions either are required by the Rule of Civil Procedure". (TRAP), Rule 276 State, "In any case tried in the district or county court without a jury, any party may request the court to state in writing its finding of fact and conclusion of law. shall be filed within twenty days after judgment is signed with the clerk of the court."

In the clerk's Record a document was filed by Appellate that said Luther W. Cobb, 3rd Income and Source zero due to Interpretation (CR-I-52). Appellant invoked jurisdiction upon the court of Appeals by a affidavit. of Inability to pay (CR-I-73 through 78). Within these documents Appellant expressed no source of income and no money on hand

*14 (CR-I-74 and 75). Appellant expressed he had no money to pay court cost. "or any fee or cost associated with this cause (CR-I-75). The chance supra 34y- "n notice of appeal, or affidavits of inability to pay cost of appeal, filed with the clerk of the trial court, invoke the jurisdiction of a court of appeals. Id at 526, These "bons, ride "tempt" cases all involved in documents which actually invoke appellate jurisdiction, see Linwood y wend Texas 325 3/4/2d 102, 103 (holding notice of appeal filed when not authorized was a bons ride "tempt to invoke appellate jurisdiction). Walker, 776 3/4/2d at 581 (holding ofidavit of inability to pay cost on appeal substantially complied with requirement and was sufficient to invoke appellate jurisdiction).

Appellant incorporate all above and mentioned documents into this point of issue one and into other issues where its mentioned. Appellant request the court to take judicial notice that Appellant invoked appellate jurisdiction by filing the incorporated the "Affidavit." of Inability to Pay "CR-I-73 through 78).

Appellant extends the appellate timetable by filing a Prematurely Filed Document, Rule 396, Request for Finding of Feet and Conclusions of Law, filed Filed 12-9-13 (CR-I59 through 67). The Final Decree of Divorce was filed and signed 2-12-14 but Rule 306c (Prematurely filed Documents) say no request for finding of feet and conclusions of law shall be held ineffective because prematurely filed, but every such motion shall be deemed to have been filed on the date of but subsequent to the time of signing of the judgment. The court fail to file timely finding of feet and conclusions of law. Appellant with in thirty days after filing the original request filed a Rule 397 "Notice of Past Due Findings of Feet and Conclusions of Law." This extended the time to file a notice of appeal to 5-12-14. A timely Notice of Appeal was served, received by 7883 internal mailing system 5-13-14.

*15 Leel V city of Rosenberg 17 S.W. 3d 385 (Tex. App.-Amarillo 2000) held that plaintiff's motion for new trial extended deadline within to perfect appeal to 50 days after judgment was signed despite Faet that it had wrong cause number and was filled in wrong case. In the Leel Suprs 5 motion for new trial was filled which triggered the provision of Texas Rule of Appellate Procedure 26.1 (5) which extends the deadline within to perfect or appeal. Leel st 386. The Leel Suprs said, 'So long as the appellent's effort constituted a baby, ride attempt to invoke appellate jurisdiction we should construe them as successfui, Leel Suprs at 386 citing Mueller V 3crsvis 826 3W. 3d 608, 609 (Tex. 1992).

Filing 5 Prematurely Filed, Rule 296 "Request for Findings of Fact and Conclusions of Law" (ER-I-59 through 67) Filed 12-9-13. Within thirty days following the Final Decree of Divorce which was filled and signed 2-18-14 Applieant Filed 5 Rule 297 "Notice of Past Due Findings of Fact and Conclusion of Law" (ER-I-107 through 108) on 3-17-14 this was received by TDES internal mailing. The deadline for Filling the above "Notice of Past Due Findings of Fact and Conclusion of Law was 3-19-14 (emphasis Add). Applieant have verified that the above, "Notice of Past Due Findings of Fact and Conclusion of Law"was received by TDES internal mailing on 3-17-14. (See Exhibit A, C and D). The deadline for Filling the the above document hadnt past. Appellent exercised due diligence has triggered the provision of (TRAP), Rule 26.1 (5) which extends the deadline to 5-18-14 within the time to perfect or appeal. Appellant filled his Notice of Appeal and was received by TDES internal mailing 5-13-14 (See Exhibit B and D). Appellate's above efforts constituted 9 "bony ride" attempt to invoke appellate jurisdiction, See Leel Suprs at 17 S.W. 3d 385, 386 (Tex. App.-Amarillo 2000) and Mueller V 3ansvis 826 3W. 2d 608, 607 (Tex. 1992).

*16 Appellant claims the prison mailbox rule on all filled documents, Warner v GLS 35 135 3.0.3d 681 (Tex. 2004), "The supreme court held that a pro se inmate's civil petition, that is placed in a properly addressed and stamp envelop or wrapper is deemed "filled" at the moment prison authorities received the document for mailing "Id at 682. "Because a pro se inmate must rely on prison authorities, the court held that the notice of appeal was deem filled when the inmate handed it over to the prison authorities for forwarding to the count clerk, see Houston v Lack 487 U.S. 266, 276, 108 3.6t, 2379, 101 L. 60, 2d 245 (1988)...." Warner Supre at 685 and 686, The court in Warner, "decline to penalize on inmate who timely delivered a document to the prison mailbox." Warner at 135 3.0.3d at 684.

In Ramos v Richardson 228 3.03d 671 (Tex. 2007), "The supreme court held that plaintiffs satisfied their burden of providing some measure of proof that their notice of appeal... Were placed in United State Mail on or before decline for filing notice of appeal as element for applying mailbox rule." Id at 671. Tex.R. App.R. 9.2(b)(2), "Petitioner have the burden of providing some measure of proof that their notice of appeal were placed in the United States mail on or before' March 21, 2005," Ramos Supra at 673. "Such proof is present in the record in the form of the filing letter accompanying the petitioners notice of appeal and the certificate of service, which both state the notice of appeal were placed in the outgoing prison mailbox on March 9, 2005. Id at 673.

Appellant's First "Request for Finding of Feet and Conclusion of Law was prematurely filled (cR-I-59 through 67) 12-3-13 by Appellant placing it in the Michael Unit's outgoing prison mailbox, See Houston v Lack 487 U.S. 266, 276, 108 3.6t, 2379. Pursuant to Texas Rules of Civil Procedure, Rule 306 e this document shall be deemed to have been filled on

*17 the date (2-18-14) but subsequent to the time of signing of the (2-18-14) judgment. Id. Incorporate Exhibit A, D and E. The court did not file a finding of Fart and Conclusion of Law within 20 days after the above timely prematurely request was filed 2-18-14, within 30 days following 2-18-14 Applicant fileds Texas Rules of civil Procedure, Rule 297 "Notice of Past Due Findings of Fact and Conclusion of Law"on 3-17-14 by playing it in the Michael Unit's outgoing prison mailbox and the Michael Unit's Internal mailins. System logged this as being received 3-17-14 (see Exhibits A and E) plus exhibit D corroborate the requirements of Tex.R. App.P. 9.2 (D)(2) Appellent have burden of providing some measure of proof that the "Request for Finding of Fact and Conclusion of Law" was filed 12-3-13. The Note 108 of Past Due Findings of Fact and Conclusion of Law was filed 3-17-14 and timely Notice of Appeal was filed by placing it in the Michael Unit's outgoing prison mailbox and the Michael Unit's Internal mailins. System logged this as being 5-13-14. Incorporate Exhibits A, E and D show the Second "Request for Finding of Fact and Conclusion of Law" was filed 3-7-14 within 20 days after the Judgment (Final Deeree of Divorce) was signed Appellent triggered TRAP, Rule 26.1 (G) allowing Notice of Appeal to be filed within 30 days after 2-18-14 when the Judgment (Final Deeree of Divorce) was signed.

Issue Two: a trial court abuses it discretion when it set "arbitrarily or unreasonably, without reference to guiding rules or principles" HiPP V HiPP, 339 3,W, 3d 74, 78 (Tex.2010) A request for finding of facts and conclusions of law must be filed within 20 days after the judgment is signed. Civ Proc 296. A party is not initially required to present the request to the judge, Cherne Indus, Ins V Masallanes 763 3,W, 2d 768 (Tex. 1989). A bare-bones request complies with the rule; a party is not required to specify the finding the party

*18 desires. See viekey v Commission for lawyer Discipline 53.4 , 3 d 241 , 253 (tex. App. - Houston [14 Dist.] 1999, Pet. dened.JIP the judge fails to make any finding within 20 day after the initial request, 5 notice of past due finding of Fact and Conclusion of law must be filed within 30 days after the initial request. Civ. Proc. Rule 297

Appellent incorporate issue one into issue two. Appellent 53 K the court to take judicial notice that he triggered TRAP, Rule 26.1 (c) extending deadline within which to perfect appeal to 50 days after the final Deeree of Divoree by filing premature "Request for Finding of Fact and Conclusion of Law; timely,"Notice of Past Due Finding of Fact and Conclusion of Law"and timely Notice of Appeal.

Appellent's first, "Request for Finding of Fact and Conclusion of Law" was prematurely filed (ER-I-59 through 67) 12-3-13 by Appellent placing in the Michael Unit's outgoing prison Mailbox "(see exhibits A, e and D) This made it premature but timely because the final Deeree of Divoree was filed and signed 2-15-14 (ER-I-86 through96). Civ. Proc. 306 e 349,"Noun. request for finding of Fact and Conclusion of Law shall be held ineffective because prematurely filed = but = shall be deemed to have been filed on the date of but subsequent to the time of signing of the judgment. The court had until 1-5-14 to file its finding of Fact and Conclusion of law within twenty days after a timely request is filed. See Civ. Proc. 297

The Judge fail to make and any finding within 20 days after the initial request. See civ. Proc. 297. A"Notice of past Due Finding of Fact and Conclusion" of Law" was filed within 30 days after filing the original "Request for finding of Fact and Conclusion of Law" which went into effect 2-15-14. Appellent had until 3-15-14 to make "Notice of Past Due Finding of Fact and Conclusion"

*19 of Law: See Exhibit A, C, and D "Notice of Past Due Findings of Fact and Conclusions of Law" (CR-I-107 through 107) was Filed 3-17-14 when Appellant played it in the Michael Unit outgoing prison mailbox and the Michael Units Internal Mailings System logged this as being received. Incorporate Exhibits A, C and D. Also this meets the requirement of Tex.R.App.P. 9.2(b)(2), Appellant have shown some measure of proof that the "Notice of Past Due Findings of Fact and Conclusion of Law" was played in the United States mail on on before 3-19-14. See Ramos v Richardson 238 S. 232671 (Tex. 2007).

The court abused it discretion for setting arbitrarily or unreasonably without reference to the guiding rules or principles of ElV Proe. 296 and 297. Instead of Following the above principles the court relied upon a letter to Judge by Darby (ER-I-109) see Exhibit E. This letter relied upon a second"Request for Finding of Fact and Conclusions of Law" (ER-I-99 through 106). ElV Proe. 297 3ay, "the Court Should File timely Findings of Fact and Conclusion of Law: " within thirty days after filing the original request" (emphasis added). The original request was Filed 12-3-13; see Exhibits A, C, and D. The original request went into effect 2-18-14 but subsequent to the time of 3igning of the Judgment (Final Decree of Divorce). The letter to Judge by Darby (ER-I-109) over look the original request but relied upon a second "Request for Finding of Fact and Conclusion of Law" and erroneously said this document was filed on March 13, 2014 when in Fact it was filed on 3-7-14. See Exhibit A, C, and D. The trial court abused it discretion by arbitrarily or unreasonably, without reference to guiding rules or principles improperly applied ElV Proe 296 and 297.

*20 I3sue Three: Hcggenson V State 346 3,4, 158, 761 say ineorrect eause number - is absofute error if objected to. Tricl attorney committed draffing error by draping the Final Divoree deeree under eause number 266, 263-D. No notice of motion to correct the eavse number has entered in the reoord pursuant to Texas Rule of Civil Prooedure, Rule 316 Appellant has tried to object to jurisdiction, See RR-I-22, 24,6,5 and 9 and See Exhibit F, G, H and all Comminieation sent to Appellant from Appellee was under eavse number 266, 263-D conserving the Final deeree of Divoree. This is a draghing error the eavse number 261, 263-D is void, See In re Fuselier 56 3,4,3,4 268

I3sue Four: Tricl eount laek Junisdietion beeause the tricl eount didnt have jurisdiction over the person. MARILENE, Appellant object to this in the reoord, See RR-I18,19,20 and 29, Later the tricl eount said I eouldnt object on jurisdiction, See (RR-I-9). Please consider Exhibit I it shows marilewe has never existed and is not a person but 30 me how shovved up on Exhibit 3 marnace contract. The tricl eount did not have jurisdiction over the person, See Davison - Austin 968 3,4, 2d ct 329 (Tex 1558). Appellant tried to conduct a finding of foot and eunolusion of law but was prevented by the eount, eavse Number 261, 263-D is void and the eount has no jurisdiction of the person.

I3sue Five: on November 14, 2013 the eount and Appolize knew that Luther w. was 3 n Inoume and souree zero due to inenneration (RR-I-52). Exhibit K shows the tricl eount found Appellant Indigent, Appellant show he was unchie to pay child support beeavse of inenneration. (RR-I-71 throug 176) No where in the Reporter Record does it show that the eount made a finding of Appellant ability to pay child support, See RR-I-39

*21 Issue Six: The trial count caused it diseretion by not allowing him to make a appecrance at the 2-18-14 Hearing In the elenk record at 77 and 78 Appellent gave notice that the count caused it diseretion in denying him the right to appear in person on by written cnswer: a telephone, see CR-I-77 and 78, Appellent cited In re 2.67, 1243.43d 163, 166 (Tex. 2003). The count was put on notice and the Judje has resucested that Mr Cobb participate by telephone, see CR-I-83 The count eanelled this day and rescheduled the Hearing to Enter order, see CR-I-84 but did not reschedule Appellent the Judgment is void beenuse I was rescheduled,

Issue Seven: The Reporter Record is insecuate as to what I was conueted of. Nobody never said what I was conueted of there need to be a finding of the fleet and eunelusion of law as to false statements entered into the record restneting my visitation of my daughter.

Issue Eight Full ceeounting of the missing money (separate property) and eommunity property has not been ceeounted for request finding of fleet and eunelusion of law of all money whether separate on eommunity property. The 35000 was separate property but that got ehinged to eommunity property and separate property.

PRAYER Remend the eause 261 , 263 − 0 to the trial count to conduct finding of fleet and eunelusion of law. Reverse this judgment and find that the trial eousel committed drafting error, make finding that the count has no jurisdiction on the person the person Marbleme and that the Judgment is void for not seeing if Appellent had the ability to pay ohid support. Finding that the Appellent was denied seems to the eourt by not elcues him to be present at trial. Finding that the record have been ehinged and that there was no ceeurate diseription of what Appellent was inercerated for, conduct finding on eommunity property and separate property money and make a determination on eounl division of the property.

*22

Appellent prays for additional relief, pursuant to TRAP, Rule 2 request the suspension of rule 9.3 (c)(d)(A) and (c)(d)(B) requiring original and three copies and original and two copies request permission to file one copy. Please serve all concern. Pursuant to rule 2, request the suspension of TRAP, Rule 38.1 requiring statement of facts on issue 4 through 8 and summary of the argument on issue 4 through 8 . I have pinched nerves in my elbows and wrist that cause extreme pain in my hands and fingers which cause me to be unable to the other facts into the belief and as the order stated cent ask for another extension.

Request other relief if to Pussy and on the Meal Michael unit and I Wrssn't allowed to go to the mailbox early in the morning beenuse the weather cause restricted movement requiring esourts but Applieent did place this Appellate Brief into the Michael Unit's outgoing prison mailbox on 1-20-14 I'm elaining the prison mailbox rule

INMATE UNSWORN DEELARATION I, LUTTER W. COBB 1954301, being presently incenreented in the Merk W. Michael Unit, in Anderson County Texas hereby certify that pursuant to FRAP 25 (c) "Mell Box Rule" and or TRAP 9.2 the "APPELLANTS BREEP WAS PIAEd in the Merk W. Michael Unit's Inmate Institution mailbox on the date listed below. See Tex. Civ. Pme 1 Rem 132.001139.003 and 280.5 .8 .81746

Signed 1-20-14 dullin Wagwe Bell WITTER WAYNE 60310

3 ERVLEG

I,WITTER WAYNE COBB 1954301 deelare under penclly of perjury that the cbove was placed in the Michael Unit Inmate Institution mailbox postage prepaid by first class mail to be porwned to the below address on 1-20-15 this is true and correct. Tex. Civ Pme 1 Rem. 132.001-132003 and 280.5 .8 .81746

Sisned 1-20-15 dullin w. Bell WITTER W. COBIO

*23 Lew opPiece of Grecory K. Simmon P.A 114 N. 4th street killeen TX 75641

Jeffrey D. Kyle, Clerk Court of Apecls Third District of Texas P.O. Boy 12547, Austin

Tx 78711-2547

Luther w. Cobb 1234301 Michael Unit 2664 FM 2054 Tennessee Estuny TX 75886 103 − 928 − 234

*24 I need this Kor seems to the court purposes SUBJECT: State briefly the problem on which you desire assistance. Please confirm from your legal law that legal mail was lassed in as beiric receive and bervy piseessed for mailing on the following dates or on or about that date to the below address: December 3rd 2014 , Mareh 7d 2014 , Mareh 17, 2014

Also I would like to purchase these press how many pages is there? Piese confirm the above dates with the below address.

| Law office of | District Menl | | :--: | :--: | | Gresory K. Simman F. 8 . | Sheliş Normen | | 114 N 4 th street | Distriet Court Bldg 1201 Huey Road | | Killeen Texas 7654) | P.O. Box 709 Befton TX | | | 76513-0509 | | Name: Luther Cobb | No: 1294301 Unit: Miehne! | | Living Quarters: | Work Assignment: Med Sal | | DISPOSITION: (Inmate will not write in this space) | Recrued in MR 12 / 4 / 13 | | Received in MR 12 / 4 / 13 | 3/10/14 Dustait usps | | Macted to usps 12 / 3 / 13 | usps Ceerh 3/18/4 | | (Buth) | 3/11/14 Shela Normen | | | Qresory Simmman |

*25

IMMATE REQUEST TO OFFICIAL

REASON FOR REQUEST: (Please check one)

PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUEST TO THE PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.

  1. ◻ Unit Assignment, Transfer (Chairman of Classification, Administration Building)
  2. ◻ Restoration of Lost overtime (Unit Warden-if approved, it will be forwarded to the State Disciplinary Committee)
  3. ◻ Request for Promotion in Class or to Trusty Class (Unit Warden- if approved, will be forwarded to the Director of Classification)
  4. ◻ Clemency-Pardon, parole, early out-mandatory supervision (Board of Pardons and Paroles, 8610 Shoal Creek Blvd. Austin, Texas 78757)
  5. ◻ Visiting List (Asst. Director of classification, Administration Building)
  6. ◻ Parole requirements and related information (Unit Parole Counselor)
  7. ◻ Inmate Prison Record (Request for copy of record, information on parole eligibility, discharge date, detainers-Unit Administration)
  8. Personal Interview with a representative of an outside agency (Treatment Division, Administration Building)

ADDRESS:

*26

Exhibit 13

SUBJECT: State briefly the problem on which you desire assistance. This is an arcess to the eout issue, I need the date (contion the date) the below addresses was wrote to Pan this mailroum. Seeund I need to purchase thuse pages of the legcl los and this needs to be sent to the eout by me to contion that I mailed mail on or cbad the following dates: December 3 rd 2013 ; Maseh 7, 2014; March 17, 2014; May 13, 2014 Lau office of Distriet Clerk Gresory Kr Simmon P.E. Shelly Wormon TI4 N. 4 th street Distriet eout bids 1201 Huey Road Killeen Texas 76541 P.A Box 909 Beltion TX 76513 - 0909 Name: Luther Cobb No: 1994301 Unit: Michael Living Quarters: 18 − 3 − 36 Work Assignment: Med SQI DISPOSITION: (Inmate will not write in this space)

& a m p ; Rececived 313 / 14 \ & a m p ; USDS 3 / 14 / 14

*27

INMATE REQUEST TO OFFICIAL

REASON FOR REQUEST: (Please check one) PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUEST TO THE PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.

  1. ◻ Unit Assignment, Transfer (Chairman of Classification, Administration Building)
  2. ◻ Restoration of Lost overtime (Unit Warden-if approved, it will be forwarded to the State Disciplinary Committee)
  3. ◻ Request for Promotion in Class or to Trusty Class (Unit Warden- if approved, will be forwarded to the Director of Classification)
  4. ◻ Clemency-Pardon, parole, early out-mandatory supervision (Board of Pardons and Paroles, 8610 Shoal Creek Blvd. Austin, Texas 78757)
  5. ◻ Visiting List (Asst. Director of classification, Administration Building)
  6. ◻ Parole requirements and related information (Unit Parole Counselor)
  7. ◻ Inmate Prison Record (Request for copy of record, information on parole eligibility, discharge date, detainers-Unit Administration)
  8. ◻ Personal Interview with a representative of an outside agency (Treatment Division, Administration Building)

To: Mailroom Ms. Excile (Name and title of official) DATE: July 1 , 2014 (Name and title of official)

*28

Texas Department of Criminal Justice

STEP 1
GRIEVANCE FORM

Offender Name: Luther W, Robb TDCJ# 1254301 Unit: Michael Housing Assignment: 18 3-36 Unit where incident occurred: Michael M, 0 ∣ 1254301

OFFICE USE ONLY

Grievance #: 2014/80/16/2 Date Received: Date Due: 3-36-14 Grievance Code: 202

Investigator ID #: 1255251007 Extension Date: Date Retd to Offender: AIIE 227014

You must try to resolve your problem with a staff member before you submit a formal complaint. The only exception is when appealing the results of a disciplinary hearing. Who did you talk to (name, title)? 12014, March 17 2014, May 13, 2014 What was their response? She Wound Send me the dates that night

I have personell handed 5 I-60 to Ms. Gargit Ange A. Clerk II, I believe she is the Supervisor of the mailroom. I asked her also I wanted to purchase the legal log of those dates because I needed them for legal access to the event litigation and she told me I could purchase these legal log but I need to do this through the law library, when I made my I-60 recurist to the law library I was verbally denied and later my I-60 was denied by Stotls. Kishes V 60 V . 8 The I-60 said these items are not on some list so I wouldn't purchase them. Tell me how to purchase these legal logs do I need to so through Huntsville. Tell me the process I need to so through to purchase these documents.

| District Clerk | Low office of | | :-- | :-- | | Shelis Norman | Gregory K. Simmon P.E. | | District Eount Bldg 1201 Huey Road | 714 N. 4th Street | | P.O. Box 703 Belton TX | Killeen TX 76541 | | 76513 − 0709 | |

*29

Action Requested to resolve your Complaint dend dates outgons mail was sent to the requestod soldress dend on or cbor these dates December 3rd 202 March 7, 2014, maseh 11, 2014, may 13, 2014 this is legat mail }}$ Offender Signature: Suthin Wayne Reld Date: July 19th 2014

Grievance Response:

An investigation was conducted into your complaint regarding legal letters being mailed. Ms. Cargill, Mailroom Supervisor, reports that on 12/4/13 and 3 / 10 / 14 you had two legal letters mailed out: one to District Clerk and the other to Attorney Gregory Simmon. On on 3/11/14 you had on going to Texas Child Support and on 3/17/14 you had two letters going to District C urk Sheila Norman and Attorney Gregory Simmon. There is no evidence found to substantiate your claims.

AUG 222014

of you are dissatisfied with the Step 1 response, you may submit a Step 2 (I-128) to the Unit Grievance Investigator within 15 days from the date of the Step 1 response. state the reason for appeal on the Step 2 Form. Returned because: *Resubmit this form when the corrections are made. ◻ 1. Grievable time period has expired. ◻ 2. Submission in excess of 1 every 7 days. * ◻ 3. Originals not submitted. * ◻ 4. Inappropriate/Excessive attachments. * ◻ 5. No documented attempt at informal resolution. * ◻ 6. No requested relief is stated. * ◻ 7. Malicious use of vulgar, indecent, or physically threatening language. * ◻ 8. The issue presented is not grievable. ◻ 9. Redundant, Refer to grievance # ◻ 10. Illegible/Incomprehensible. * ◻ 11. Inappropriate. *

JGI Printed Name/Signature: Application of the screening criteria for this grievance is not expected to adversely affect the offender's health. Medical Signature Authority: − 127 Back (Revised 11-2010)

OFFICE USE ONLY

Initial Submission UGI Initials: Grievance #: Screening Criteria Used: Date Read from Offender: Date Returned to Offender: 2nd Submission UGI Initials: Grievance #: Screening Criteria Used: Date Read from Offender: Date Returned to Offender:

*30 AFFIDAVIT OF AUTHENTIEATION OF MATERIAL DOCUMENTS BY APRILANT

LUTHER WAYNE COBID

In reference to the supplemented document that are being submitted

STATE OF TEXAS ANDERSON CONITY

  1. My name is LUTHER WAYNE COBID, TOEJ-ID No. 1254301. I am over 18-years of age, of sound mind, and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

  2. I, effient, am incorporated in the Texas Department of Criminal Justice-Institutions Division, and housed at the Mark W. Michael Unit, in Tennessee Colony, Texas 75886.

  3. I, effient, attest to the fact that, the material documents, exhibits 'A' and 'B' contain measure of proof that he placed the titled documents in the hands of the Michael Unit's mailroom on or before the date it was due to be filled. Exhibits 'A' shows the date of a prematurely filed "Request for Finding of Fact and Conclusion of Law" which was received by the Michael Unit's Internal Mailing System on 12-4-13. This document contained 812-3-14 certificate of service combined with a mailbox filing verification dated 12-3-143.

4 Exhibit "A" shows the date 3-7-14 of a second, "Request for Finding of Fact and Conclusion of Law" which was received by the Michael Unit's Internal Mailing System on 3-7-14 but is show in the clerk Record 53 filed 3-13-14 (CR-I- 57 through 106). This document contained 53-7-14 certificate of service combined with a mailbox filing verification dated 3-7-14.

5 Exhibit "A" shows the date 3-17-14 which is a "Notice of

*31 Post Due, Finding of Fact and Conclusion of Law" Which is a verification that it was received by the Michael Unit's Internal Mailing system on 3-17-14 but is show in the clerk record of filed 3-21-14 (CR-I- 107 through 108). This document contained 5 3-17-14 certificate of service combined with a mailbox filing verification date 3-17-14.

6 Exhibit "C" which is Gnievence to 2014180762, which is a step I, corroborates the above dates as being in Michael Unit's Internal Mailing system. This is adequate proof of the date the above documents was turned into the Michael Unit's Internal Mailing system.

7 Exhibit "B" shows the date 5-13-14 which is the date notice of Appeal was reaust through the trial count. This notice of Appeal was received by the Michael Unit's Internal Mailing system 5-13-14 but it is shown in the clerk, record as filed 5-17-14 (CR-I-111). This document contained 5 5-13-14 certificate of service signed under penclly of perjury that it was placed in the Michael Unit's Internal Mailing system on 5-13-14 and corroborated also on Exhibit B. Exhibits R11B and "C" all corroborate the above that the above was placed into the Michael Unit Internal Mailing system on the above dates.

INMATE'S UNSWORN DECLARATION

I, LUTHER W. COBB 1294301, being presently inexcerated in the MARK W. Michael Unit, in Anderson County, Texas declare under penalty of perjury that the above "affibavt of Authentication of Material Documents by APPeliant" is true and correct. See Texas Civil Practice, Remedies § 132.001-132.003 and 28 U.S.C. § 1746.

Signed 1-20-14

Luther Wayne Lolf LUTHER WAYNE COBB 1294301 Michael Unit 2664 Fm 2054 Tennessee colony T&; 75886 503 − 708 − 234

*32

JANUARY 20th, 2015 APPElLANT'S BRIEF DATE In reference case number 03-14-00325-eV APPElant BRIEF

STATE OF TEXAS

ANDERSON COUNTY

  1. My name is WITHER WAYNE COBB, TDES-ID NO. 1294301. I am over 18 years of age, of sound mine, and capable of making this ePfidsuit. The Paets stated in this ePfidsuit are within my personal knowledge and are true and correct.
  2. I, effient, am inexcerated in the Texas Department of Criminal Justice-Institutions Division and housed at the Mark W. Miehnel Unit, in Tennessee Eolony, Texas 75886.

3 This is not a brief, I, effient is claiming the, "Prison Mailbox Rule" for the crriving Appellent's Brief. Ith a inexcerated pro se inmate claiming the Appellent's Brief Filed with the clerk of the count of Appeals to be 1-20-15 because this is the date the Miehnel Unit's Internal Mailing system received the Appellent's Brief to be forwarded to the clerk of the count of Appeals.

INMATE'S UNSWORN DEELARATION

I, WITHER W. COBB 1294301, being presently inexcerated in the Mark W Miehnel Unit in Anderson County, Texas, hereby certify that pursuant to FRAP as CO "Mail Box Rule" and or TRAP 9.2 the "APPELLANT'S BRIEF" WAS played in the Mark W. Miehnel Unit's Internal Mailing System on 1-20-14. This is true and correct see Tex. Div. Praefrem 132,003 and 280.5 . 81746

Signed 1-20-14 Jutthin Wayne Bill WITHER WAYNE COBB 1294301 Miehnel Unit 2664 Fm 2054 Tennessee Eolony TX 75886 703-725-234

*33

SERVIRE

I, LUTTER WAYNE COBB 1294301 declare under penclty of perjury that the above was plined in the Miehnet Unit's interncl mailing system postase prepand by first class mail to be forwarded to the below addresses on 1-20-15. This is troe and correct. See Texas ciwif Practice &; Remedies 8132.001 - 132.003 and 28 U.3.8. 81746.

Signed 1-20-15 Jucm optiee of Grecgory K. Simmon R. 714 N 4 th street Killeen Tx 75641

Jefrrey D. kyle, elenk Court of Appests Third District of Texas P.O. Box 12547 , Austin

Tx 78711 - 2547

Luther W. Robb 1294301 Michael unit 2664 FM BOSY Tennessee Eolany Tx 75866 303 − 525 − 2311

*34

IN THE MATTER OF THE MARRIAGE OF MARILENE COBB AND LUTHER W. COBB SR. AND IN THE INTEREST

ORIGINAL EXhibit P

ORIGINAL

EXHIBIT P

FINGINAL

FINGINAL

EXHIBIT P

FINAL DECREE OF DIVORCE

On the 14 th day of November 2013, this case came on for hearing.

Appearances

Petitioner, MARILENE COBB, Social Security Number xx-x-xx-x835, appeared in person and through attorney of record, Gregory K Simmons and announced ready for trial.

Respondent, LUTHER W. COBB SR., Social Security Number xxx-xx-x563, waived iscrune

signature betow.

Record

The record of testimony was duly reported by the court reporter for the 264th Judicial District.

Jurisdiction

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this cause of action and the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of this state for at least a sixmonth period preceding the filing of this action and a resident of the county in which this suit is filed for at least a 90 -day period preceding the filing of this action. All persons entitled to citation were properly cited.

Jury

A jury was waived, and all questions of fact and of law were submitted to

*35

Divorce

IT IS ORDERED AND DECREED that MARILENE COBB, Petitioner, and LUTHER W. COBB SR., Respondent, are divorced and that the marriage between them is dissolved on the grounds of insupportable.

Information Regarding Parties and Child

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name of Mother: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

MARILENE COBB

xxx-xx-x835 xxxxxxxx113 Issuing State: Texas Tri-Sun Health Care Harker Heights, Texas 76548 (254) 699-5051

Name of Father: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

LUTHER W. COBB SR. xxx-xx-x563 xxxxxxxx Issuing State:

The Court finds that Petitioner and Respondent are the parents of the following children:

| Name: | Female | | :-- | :-- | | Sex: | | | Birthplace: | | | Birth date: | |

No property is owned or possessed by the children.

Conservatorship

The Court, having considered the circumstances of the parents and of the children, finds the following orders are in the best interest of the children:

*36 IT IS ORDERED AND DECREED that MARILENE COBB is appointed Sole Managing Conservator and LUTHER W. COBB SR., is appointed Possessory Conservator of the children.

IT IS ORDERED AND DECREED that MARILENE COBB as Sole Managing Conservator and LUTHER W. COBB SR., as Possessory Conservator, shall each retain the right to receive information from the other concerning the health, education, and welfare of the children and, to the extent possible, the right to confer with the other before making a decision concerning the health, education, and welfare of the children.

IT IS ORDERED that, at all times, MARILENE COBB, as sole managing conservator, shall have the following rights:

  1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children;
  2. the right to confer with the other parent to the extent possible before making a decision concerning the education, and welfare of the children;
  3. the right of access to medical, dental, psychological, and educational records of the children;
  4. the right to consult with a physician, dentist, or psychologist of the children;
  5. the right to consult with school officials concerning the children's welfare and educational status, including school activities;
  6. the right to attend school activities;
  7. the right to be designated on the children's records as a person to be notified in case of an emergency;
  8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children;
  9. the right to manage the estate of the children to the extent the estate has been created by MARILENE COBB.

*37 IT IS ORDERED that, at all times, LUTHER W. COBB SR., as possessory conservator, shall have the following rights:

  1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children;
  2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children;
  3. the right of access to medical, dental, psychological, and educational records of the children;
  4. the right to consult with a physician, dentist, or psychologist of the children;
  5. the right to consult with school officials concerning the children's welfare and educational status, including school activities;
  6. the right to attend school activities;
  7. the right to be designated on the children's records as a person to be notified in case of an emergency;
  8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children;
  9. the right to manage the estate of the children to the extent the estate has been created by LUTHER W. COBB SR.

IT IS ORDERED that, at all times, MARILENE COBB, as sole managing conservator shall have the following duties:

  1. the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; and
  2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged.

*38

WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

IT IS ORDERED that, at all times, LUTHER W. COBB SR., as possessory managing conservator, shall have the following duties:

  1. the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; and
  2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

IT IS ORDERED that, during her periods of possession, MARILENE COBB, as sole managing conservator, shall have the following rights and duties:

  1. the duty of care, control, protection, and reasonable discipline of the children;
  2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. the right to consent for the children to receive medical and dental care involving an invasive procedure;
  4. the right to direct the moral and religious training of the children.

IT IS ORDERED that, during his periods of possession, LUTHER W. COBB SR., as Possessory conservator, shall have the following rights and duties:

  1. the duty of care, control, protection, and reasonable discipline of the children;
  2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. the right to direct the moral and religious training of the children.

*39

IT IS ORDERED that MARILENE COBB, as sole managing conservator, shall have the following exclusive rights and duty:

  1. the right to designate the primary residence of the children without regard to geographical restriction;
  2. the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;
  3. the right to consent to psychiatric and psychological treatment of the children;
  4. the right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children;
  5. the right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children;
  6. the right to consent to marriage and to enlistment in the armed forces of the United States;
  7. the right to make decisions concerning the children's education;
  8. except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the children;
  9. except when a guardian of the children's estate or a guardian or attorney ad litem has been appointed for the children, the right to act as an agent of the children in relation to the children's estate if the children's action is required by a state, the United States, or a foreign government;
  10. the duty to manage the estate of the children to the extent the estate has been created by MARILENE COBB.

Supervised Visitation

The Court finds that credible evidence has been presented that LUTHER W. COBB, SR., has a history of sexual misconduct and has been incarcerated in the Michael Unit, 2664 FM 2054, Tennessee Colony, Texas since February 2005. IT IS THEREFORE ORDERED that visitation after the release of L U T H E R W . COBB, S R ., shall be under the supervision of MARILENE COBB on the following days and times to be set and determined by MARILENE COBB on the days and times prescribed by MARILENE COBB.

*40

Child Support

IT IS ORDERED AND DECREED that LUTHER W. COBB, SR. is obligated to child support in the amount of $ 203.00 per month, with the first payment being due and payable on the 1 st day of January 2014 and a like payment being due and payable on the same day of each month thereafter until the first month following the earliest occurrence of one of the events specified below: (1) the marriage of the child; (2) the removal of the child's disabilities for general purposes; (3) the death of the child; (4) a finding by the court that the child: a. is 18 years of age or older; and b. has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); or (5) if the child enlists in the armed forces of the United States, the date on which the child begins active services as defined by 10 U.S.C. Section 101.

Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties' marital estate, having due regard of the rights of each party and the child of the marriage.

IT IS ORDERED AND DECREED the estate of the parties is divided as follows: MARILENE COBB is awarded the following as MARILENE COBB'S sole and separate property, and LUTHER W. COBB SR., is divested of all right, title, interest, and claim in and to such property:

  1. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of MARILENE COBB.
  2. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of MARILENE COBB.
  3. Any and all sums of cash in the possession of or subject to the sole control of MARILENE COBB, including money on account in banks, savings institutions, or other financial institutions, which accounts stand in MARILENE COBB'S sole name or from which MARILENE COBB has the sole right to withdraw funds or which are subject to MARILENE COBB'S sole control.

*41

  1. Any and all policies of life insurance (including cash values), insuring the life of MARILENE COBB.
  2. 1998 Nissan Altima motor vehicle with vehicle identification number 1N4DL01D7WC195084, together with all prepaid insurance, keys, and title documents

LUTHER W. COBB SR., is awarded the following as LUTHER W. COBB SR'S sole and separate property, and MARILENE COBB is hereby divested of all right, title, interest, and claim in and to such property:

  1. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of LUTHER W. COBB SR.
  2. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of LUTHER W. COBB SR.
  3. Any and all sums of cash in the possession of or subject to the sole control of LUTHER W. COBB SR., including money on account in banks, savings institutions, or other financial institutions, which accounts stand in LUTHER W. COBB SR'S sole name or from which LUTHER W. COBB SR., has the sole right to withdraw funds or which are subject to LUTHER W. COBB SR'S sole control.
  4. Any and all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of LUTHER W. COBB SR'S past, present or future employment.
  5. Any and all policies of life insurance (including cash values), insuring the life of LUTHER W. COBB SR.

Division of Debts IT IS ORDERED AND DECREED MARILENE COBB shall pay, as a part of the division of the estate of the parties, the following debts and obligations and shall indemnify and hold LUTHER W. COBB SR. and LUTHER W. COBB SR'S property harmless from any failure to so discharge these debts and obligations:

  1. Any and all debts, charges, liabilities, and other obligations incurred solely by MARILENE COBB from and after February 2005, unless express provision is made in this decree to the contrary.

*42

  1. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to MARILENE COBB in this decree unless express provision is made herein to the contrary.

IT IS ORDERED AND DECREED LUTHER W. COBB SR., shall pay, as a part of the division of the estate of the parties the following debts and obligations and shall indemnify and hold MARILENE COBB and MARILENE COBB'S property harmless from any failure to so discharge the debts and obligations:

  1. Any and all debts, charges, liabilities, and other obligations incurred solely by LUTHER W. COBB SR., from and after February 2005, unless express provision is made in this decree to the contrary.
  2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to LUTHER W. COBB SR., in this decree unless express provision is made herein to the contrary.

Judgment

IT IS ORDERED that LUTHER W.COBB, SR., be awarded a judgment in the amount of $ 5 , 000.00 (Five Thousand Dollars) to be paid by MARIELENE COBB, for a division of the community property which represents a portion of the parties community property and funds deposited into an account from LUTHER W.COBB's military separation pay. MARILENE COBB is ORDERED to submit payment directly to LUTHER W. COBB, SR., at his current address of Michael Unit # 1294301, 2664 FM 2054, Tennessee Colony, Texas 75886 or any other address directed by the Respondent.

Without affecting the finality of the Final Decree of Divorce, this Court expressly reserves the right pursuant to section 9.101 et seq. of the Texas Family Code to make orders necessary to clarify and enforce this decree.

Division of Undisclosed Assets and Liabilities

Division of Liabilities Not Provided for in Decree. IT IS FURTHER ORDERED AND DECREED, as part of the division of the estate of the parties, that any community liability not expressly assumed by a party under this decree is to be paid by the party incurring the liability.

Attorney's Fees

To effect an equitable division of the estate of the parties and as a part of the division of the estate of the parties and as part of the division, and for the services rendered in connection with

*43

conservatorship and support of the child, each party shall be responsible for his or her own attorney's fees incurred as a result of legal representation in this case.

Attorney's Fees are to be paid by respective clients and all costs of court are to be borne by the party by whom such costs were incurred.

Court Costs

IT IS ORDERED AND DECREED that costs of the court are to be paid by the party by whom such costs were incurred.

Clarifying Orders

Without affecting the finality of this Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly granted is denied. Signed on this day 2014.

*44

CAUSE NUMBER: 266,263-D

IN THE MATTER OF THE MARRIAGE OF MARILENE COBB AND LUTHER W. COBB SR. AND IN THE INTEREST MARILENE COBB § IN THE 264 th JUDICIAL § DISTRICT COURT OF

BELL COUNTY, TEXAS

FINAL DECREE OF DIVORCE

On the 14 th day of November 2013, this case came on for hearing.

Appearances

Petitioner, MARILENE COBB, Social Security Number x x x − x x − x 835 , appeared in person and through attorney of record, Gregory K Simmons and announced ready for trial.

Record

The record of testimony was duly reported by the court reporter for the 264th Judicial District.

Jurisdiction

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this cause of action and the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of this state for at least a sixmonth period preceding the filing of this action and a resident of the county in which this suit is filed for at least a 90 -day period preceding the filing of this action. All persons entitled to citation were properly cited.

Jury

A jury was waived, and all questions of fact and of law were submitted to

*45

Divorce

IT IS ORDERED AND DECREED that MARILENE COBB, Petitioner, and LUTHER W. COBB SR., Respondent, are divorced and that the marriage between them is dissolved on the grounds of insupportable.

Information Regarding Parties and Child

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name of Mother: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

MARILENE COBB

xxx-xx-x835 xxxxxxxx113

USLing State: Texas

TYi-Sun Health Care

Harker Heights, Texas 76548 (254) 699-5051

Name of Father: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

LUTHER W. COBB SR. xxx-xx-x563 xxxxxxxx The Court finds that Petitioner and Respondent are the parents of the following children:

| Name: | | | :-- | :-- | | Sex: | | | Birthplace: | | | Birth date: | |

No property is owned or possessed by the children.

Conservatorship

The Court, having considered the circumstances of the parents and of the children, finds the following orders are in the best interest of the children:

*46

Divorce

IT IS ORDERED AND DECREED that MARILENE COBB, Petitioner, and LUTHER W. COBB SR., Respondent, are divorced and that the marriage between them is dissolved on the grounds of insupportable.

Information Regarding Parties and Child

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name of Mother: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

MARILENE COBB

xxx-xx-x835 xxxxxxxx113 Issuing State: Texas Tri-Sun Health Care Harker Heights, Texas 76548 (254) 699-5051

Name of Father: Social Security #: Driver's License #: Current Address: Home Telephone #: Employer: Work Address: Work Telephone #:

LUTHER W. COBB SR. xxx-xx-x563 xxxxxxxx Issuing State: Michael Unit, 2664 FM 2054, Tennessee Colony, Texas ( )

The Court finds that Petitioner and Respondent are the parents of the following children:

| Name: | | | :-- | :-- | | Sex: | Female | | Birthplace: | | | Birth date: | |

No property is owned or possessed by the children.

Conservatorship

The Court, having considered the circumstances of the parents and of the children, finds the following orders are in the best interest of the children:

*47 IT IS ORDERED AND DECREED that MARILENE COBB is appointed Sole Managing Conservator and LUTHER W. COBB SR., is appointed Possessory Conservator of the children.

IT IS ORDERED AND DECREED that MARILENE COBB as Sole Managing Conservator and LUTHER W. COBB SR., as Possessory Conservator, shall each retain the right to receive information from the other concerning the health, education, and welfare of the children and, to the extent possible, the right to confer with the other before making a decision concerning the health, education, and welfare of the children.

IT IS ORDERED that, at all times, MARILENE COBB, as sole managing conservator, shall have the following rights:

  1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children;
  2. the right to confer with the other parent to the extent possible before making a decision concerning the education, and welfare of the children;
  3. the right of access to medical, dental, psychological, and educational records of the children;
  4. the right to consult with a physician, dentist, or psychologist of the children;
  5. the right to consult with school officials concerning the children's welfare and educational status, including school activities;
  6. the right to attend school activities;
  7. the right to be designated on the children's records as a person to be notified in case of an emergency;
  8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children;
  9. the right to manage the estate of the children to the extent the estate has been created by MARILENE COBB.

*48 IT IS ORDERED that, at all times, LUTHER W. COBB SR., as possessory conservator, shall have the following rights:

  1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children;
  2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children;
  3. the right of access to medical, dental, psychological, and educational records of the children;
  4. the right to consult with a physician, dentist, or psychologist of the children;
  5. the right to consult with school officials concerning the children's welfare and educational status, including school activities;
  6. the right to attend school activities;
  7. the right to be designated on the children's records as a person to be notified in case of an emergency;
  8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children;
  9. the right to manage the estate of the children to the extent the estate has been created by LUTHER W. COBB SR.

IT IS ORDERED that, at all times, MARILENE COBB, as sole managing conservator shall have the following duties:

  1. the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; and
  2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged.

*49

WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

IT IS ORDERED that, at all times, LUTHER W. COBB SR., as possessory managing conservator, shall have the following duties:

  1. the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; and
  2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

IT IS ORDERED that, during her periods of possession, MARILENE COBB, as sole managing conservator, shall have the following rights and duties:

  1. the duty of care, control, protection, and reasonable discipline of the children;
  2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. the right to consent for the children to receive medical and dental care involving an invasive procedure;
  4. the right to direct the moral and religious training of the children.

IT IS ORDERED that, during his periods of possession, LUTHER W. COBB SR., as Possessory conservator, shall have the following rights and duties:

  1. the duty of care, control, protection, and reasonable discipline of the children;
  2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. the right to direct the moral and religious training of the children.

*50

IT IS ORDERED that MARILENE COBB, as sole managing conservator, shall have the following exclusive rights and duty:

  1. the right to designate the primary residence of the children without regard to geographical restriction;
  2. the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;
  3. the right to consent to psychiatric and psychological treatment of the children;
  4. the right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children;
  5. the right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children;
  6. the right to consent to marriage and to enlistment in the armed forces of the United States;
  7. the right to make decisions concerning the children's education;
  8. except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the children;
  9. except when a guardian of the children's estate or a guardian or attorney ad litem has been appointed for the children, the right to act as an agent of the children in relation to the children's estate if the children's action is required by a state, the United States, or a foreign government;
  10. the duty to manage the estate of the children to the extent the estate has been created by MARILENE COBB.

Supervised Visitation

The Court finds that credible evidence has been presented that LUTHER W. COBB, SR., has a history of sexual misconduct and has been incarcerated in the Michael Unit, 2664 FM 2054, Tennessee Colony, Texas since February 2005. IT IS THEREFORE ORDERED that visitation after the release of L U T H E R W . COBB, S R ., shall be under the supervision of MARILENE COBB on the following days and times to be set and determined by MARILENE COBB on the days and times prescribed by MARILENE COBB.

*51

Child Support

IT IS ORDERED AND DECREED that LUTHER W. COBB, SR. is obligated to child support in the amount of $ 203.00 per month, with the first payment being due and payable on the 1 st day of January 2014 and a like payment being due and payable on the same day of each month thereafter until the first month following the earliest occurrence of one of the events specified below: (1) the marriage of the child; (2) the removal of the child's disabilities for general purposes; (3) the death of the child; (4) a finding by the court that the child: a. is 18 years of age or older; and b. has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); or (5) if the child enlists in the armed forces of the United States, the date on which the child begins active services as defined by 10 U.S.C. Section 101.

Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties' marital estate, having due regard of the rights of each party and the child of the marriage.

IT IS ORDERED AND DECREED the estate of the parties is divided as follows: MARILENE COBB is awarded the following as MARILENE COBB'S sole and separate property, and LUTHER W. COBB SR., is divested of all right, title, interest, and claim in and to such property:

  1. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of MARILENE COBB.
  2. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of MARILENE COBB.
  3. Any and all sums of cash in the possession of or subject to the sole control of MARILENE COBB, including money on account in banks, savings institutions, or other financial institutions, which accounts stand in MARILENE COBB'S sole name or from which MARILENE COBB has the sole right to withdraw funds or which are subject to MARILENE COBB'S sole control.

*52

  1. Any and all policies of life insurance (including cash values), insuring the life of MARILENE COBB.
  2. 1998 Nissan Altima motor vehicle with vehicle identification number 1N4DL01D7WC195084, together with all prepaid insurance, keys, and title documents

LUTHER W. COBB SR., is awarded the following as LUTHER W. COBB SR'S sole and separate property, and MARILENE COBB is hereby divested of all right, title, interest, and claim in and to such property:

  1. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of LUTHER W. COBB SR.
  2. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of LUTHER W. COBB SR.
  3. Any and all sums of cash in the possession of or subject to the sole control of LUTHER W. COBB SR., including money on account in banks, savings institutions, or other financial institutions, which accounts stand in LUTHER W. COBB SR'S sole name or from which LUTHER W. COBB SR., has the sole right to withdraw funds or which are subject to LUTHER W. COBB SR'S sole control.
  4. Any and all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of LUTHER W. COBB SR'S past, present or future employment.
  5. Any and all policies of life insurance (including cash values), insuring the life of LUTHER W. COBB SR.

Division of Debts IT IS ORDERED AND DECREED MARILENE COBB shall pay, as a part of the division of the estate of the parties, the following debts and obligations and shall indemnify and hold LUTHER W. COBB SR. and LUTHER W. COBB SR'S property harmless from any failure to so discharge these debts and obligations:

  1. Any and all debts, charges, liabilities, and other obligations incurred solely by MARILENE COBB from and after February 2005, unless express provision is made in this decree to the contrary.

*53

  1. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to MARILENE COBB in this decree unless express provision is made herein to the contrary.

IT IS ORDERED AND DECREED LUTHER W. COBB SR., shall pay, as a part of the division of the estate of the parties the following debts and obligations and shall indemnify and hold MARILENE COBB and MARILENE COBB'S property harmless from any failure to so discharge the debts and obligations:

  1. Any and all debts, charges, liabilities, and other obligations incurred solely by LUTHER W. COBB SR., from and after February 2005, unless express provision is made in this decree to the contrary.
  2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to LUTHER W. COBB SR., in this decree unless express provision is made herein to the contrary.

Judgment

IT IS ORDERED that LUTHER W.COBB, SR., be awarded a judgment in the amount of $ 5 , 000.00 (Five Thousand Dollars) to be paid by MARIELENE COBB, for a division of the community property which represents a portion of the parties community property and funds deposited into an account from LUTHER W.COBB's military separation pay. MARILENE COBB is ORDERED to submit payment directly to LUTHER W. COBB, SR., at his current address of Michael Unit # 1294301, 2664 FM 2054, Tennessee Colony, Texas 75886 or any other address directed by the Respondent.

Without affecting the finality of the Final Decree of Divorce, this Court expressly reserves the right pursuant to section 9.101 et seq. of the Texas Family Code to make orders necessary to clarify and enforce this decree.

Division of Undisclosed Assets and Liabilities

Division of Liabilities Not Provided for in Decree. IT IS FURTHER ORDERED AND DECREED, as part of the division of the estate of the parties, that any community liability not expressly assumed by a party under this decree is to be paid by the party incurring the liability.

Attorney's Fees

To effect an equitable division of the estate of the parties and as a part of the division of the estate of the parties and as part of the division, and for the services rendered in connection with

*54

conservatorship and support of the child, each party shall be responsible for his or her own attorney's fees incurred as a result of legal representation in this case.

Attorney's Fees are to be paid by respective clients and all costs of court are to be borne by the party by whom such costs were incurred.

Court Costs

IT IS ORDERED AND DECREED that costs of the court are to be paid by the party by whom such costs were incurred.

Clarifying Orders

Without affecting the finality of this Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly granted is denied. Signed on this day 2014.

Original Signed by Judge Martha J. Trudo JUDGE PRESIDING

*55

APPROVED AS TO FORM ONLY:

Law Office of Gregory K Simmons, P.C. 714 N. 4th Street Killeen, Texas 76541 Tel: (254) 616-2529 Fax: (254) 616-6529 By: 777 for NEXCH 24070357 GREGORY-K. SIMMONS Attorney for Petitioner State Bar No. 18367800

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
shandine f lo bs
MARILENE COBB, Petitioner

LUTHER W. COBB SR., Respondent

*56

Exhibit It

CAUSE NUMBER: 266,263-D

IN THE MATTER OF THE MARRIAGE OF MARILENE COBB AND LUTHER W. COBB SR.

AND IN THE INTEREST IN THE MATTER § § § §

IN THE 264 th JUDICIAL

DISTRICT COURT OF

BELL COUNTY, TEXAS

FINAL DECREE OF DIVORCE

On the 14 th day of November 2013, this case came on for hearing.

Appearances

Petitioner, MARILENE COBB, Social Security Number x x x − x x − x 8 3 5 , appeared in person and through attorney of record, Gregory K Simmons and announced ready for trial.

Respondent, LUTHER W. COBB SR., Social Security Number xxx-xx-x563, waived issuance and service of citation by waiver duly filed and consented to the terms herein evidenced by his signature below.

Record

The record of testimony was duly reported by the court reporter for the 264th Judicial District.

Jurisdiction

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this cause of action and the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of this state for at least a sixmonth period preceding the filing of this action and a resident of the county in which this suit is filed for at least a 90 -day period preceding the filing of this action. All persons entitled to citation were properly cited.

Jury

A jury was waived, and all questions of fact and of law were submitted to the Court.

*57

APPROVED AS TO FORM ONLY:

Law Office of Gregory K Simmons, P.C. 714 N. 4th Street Killeen, Texas 76541 Tel: (254) 616-2529 Fax: (254) 616-6529 By: GREGORY K. SIMMONS Attorney for Petitioner State Bar No. 18367800

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

MARILENE COBB, Petitioner LUTHER W. COBB SR., Respondent

*58

*59 City or Municipality of ... 1

*60

NOTES

I-127 Front (Revised 11-2010) YOUR SIGNATURE IS REQUIRED ON BACK OF THIS FORM

Case Details

Case Name: Luther W. Cobb, Sr. v. Marilene F. Cobb
Court Name: Court of Appeals of Texas
Date Published: Jan 27, 2015
Docket Number: 03-14-00325-CV
Court Abbreviation: Tex. App.
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