Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/9/2015 3:53:51 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-01004-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/9/2015 3:53:51 PM CHRISTOPHER PRINE CLERK IN THE COURT OF APPEALS HOUSTON, TEXAS _____________________________________________________________________________
NO. 01-14-01004-CV ______________________________________________________________________________
IN THE MATTER OF
THE GUARDIANSHIP OF
LONNIE PHILLIPS, JR.
Otherwise styled: KEVIN CAMPBELL
VS.
CATHERINE WILEY
______________________________________________________________________________
Appealed from Cause No.PR-0074571 in the Galveston County Probate Court The Honorable Kimberly Sullivan, Presiding ______________________________________________________________________________
MOTION TO WAIVE OR ABATE THE FILING OF THE FEE UNTIL
INDIGENCE HEARING Respectfully submitted, /s/ Veronica L. Davis 226 N. Mattson West Columbia, Texas 77486 (979) 345-2953 vld57atal@yahoo.com *2 IN THE COURT OF APPEALS HOUSTON, TEXAS _____________________________________________________________________________
NO. 01-14-01004-CV ______________________________________________________________________________
IN THE MATTER OF
THE GUARDIANSHIP OF
LONNIE PHILLIPS, JR.
Otherwise styled: KEVIN CAMPBELL
VS.
CATHERINE WILEY
MOTION TO WAIVE OR ABATE THE FILING OF THE FEE UNTIL
INDIGENCE HEARING TO THE HONORABLE COURT :
COMES NOW, KEVIN CAMPBELL , Appellant, in the above entitled and numbered
cause and would show the court as follows:
1. On or about the November 05, 2014, Appellant filed a Motion for Rehearing after
the court’s ruling of October 03, 2015. The Motion was timely filed on
November 03, 2014, but was rejected by the Galveston County clerk, due to the
attachments being filed incorrectly. (See Exhibit A, attached and incorporated by
reference, the same as if fully copied and set forth herein.
2. After receiving notification, Appellant again submitted the document for refiling
on November 05, 2014, with same being set for hearing on November 24, 2014.
3. Prior to the hearing, the Court denied the Motion on November 19, 2014, without
providing notice to Appellant’s attorney.
4. Appellant then filed a Notice of appeal on December 11, 2014.
5. Appellant subsequently filed an Affidavit of Indigence at the trial court level on
December 31, 2014.
6. A copy of said letter was forwarded to this Court on January 05, 2015.indicating
that the ward in this case is indigent. (See Exhibit B, attached and incorporated
by reference, the same as if fully copied and set forth herein.)
7. Appellee has filed a Contest to the Affidavit of Indigence on or about January 15,
2015.
8. The Contest is pending.
9. This trial court case is pending reassignment based upon a Recusal Motion filed
by Appellant.
10. Appellant believes that the Contest is contrary to the Texas Rules of Civil and
Appellate Procedure, as she has agreed to represent the Appellant at no cost. (See
Exhibit B, attached and incorporated by reference, the same as if fully copied and
set forth herein.)
11. Consequently, Appellant requests that this court waive the fee or abate the time
for payment of said fee.
12. Actually, Appellant believes that the rule regarding Indigence is very clear and is
not subject to contest.
WHEREFORE PREMISES CONSIDERED , Appellant prays that this court:
1) Find that no fee is due and owing due to the filing of the Affidavit of Indigence;
2) Or that this court abate the due date for payment pending the outcome of the
contest filed by the attorney ad litem.
Respectfully submitted, /s/ Veronica L. Davis Veronica L. Davis 226 N. Mattson West Columbia, Texas 77486 (979) 345-2953 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Motion shall be submitted to
Catherine Wylie and Brandon Maggiore through the efiling system on this the 9 th day of
February, 2015.
/s/ Veronica L. Davis