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Carmen Chase Hunter v. Texas Department of Insurance, Eleanor Kitzman in Her (Former) Capacity, and Julia Rathgeber in Her Official Capacity
03-15-00326-CV
| Tex. App. | Jun 22, 2015
|
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Case Information

*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/22/2015 9:41:08 AM JEFFREY D. KYLE Clerk No. 03-15-00326-CV THIRD COURT OF APPEALS 6/22/2015 9:41:08 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00326-CV *1 ACCEPTED CLERK _____________________________________ IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS

_____________________________________ STYLE OF APPELLATE CASE UNKNOWN SINCE THE CLERK OF

THIS COURT INITIATED THIS CASE ON INCORRECT BELIEF

THAT CHASE CARMEN HUNTER FILED A NOTICE OF APPEAL OF

CAUSE D-1-GN-13002576 From The 200 TH District Travis

County, Texas

*VERIFIED*

-SECOND ATTEMPT TO GET THIS DOCUMENT FILED- OBJECTION TO THE “JUDGMENT RENDERED JUNE 18, 2015”.

CHASE CARMEN HUNTER HAS NOT FILED A NOTICE OF APPEAL

OF CAUSE D-1-GN-13002576 From The 200 TH District Travis County, Texas. THEREFORE, CHASE CARMEN HUNTER

SHOULD NOT BE REQUIRED TO PAY THE COSTS OF THIS APPEAL.

Chase Carmen Hunter, pro se 340 S LEMON AVE #9039 WALNUT, CA 91789 Telephone: 707-706-3647 Facsimile: 703-997-5999 *2 Chase_Hunter@yahoo.com CERTIFICATION.

I, Chase Carmen Hunter, state under penalty of

perjury that the following facts and argument are

true and correct. Executed on June 19, 2015.

POINTS RELIED UPON

On June 22, 2015, Chase Carmen Hunter ("Hunter") received an email from the Clerk of the Travis

County Texas District Court (“TCTDC”) which stated

that Hunter’s first attempt to file this document

was rejected because Hunter did not include a

certificate of service.

However, Hunter did not file a Notice of Appeal.

The defendants in the underlying lawsuit made no

appearance in the TCTDC. There are no parties to

serve. The Clerk of the TCTDC made an obvious error

when she told the clerk of this court that Hunter

filed a Notice of Appeal. This same error was made

in this court in record #3-14-641-cv. There are no

parties to serve because there is nothing to

adjudicate in this matter. This record exists only

because the Clerk of the TCTDC made an error, and

this record should be closed as if it never existed

and the Clerk of this court should simply close the

record.

There was no reason for the TCTDC to make this mistake a second time. There was no reason for the

TCTDC to interpret a Motion To Transfer to the Third

Court of Appeals, pursuant to Texas Gov't Code

2001.176(c), as a Notice of Appeal.

Further, Hunter did not include a certificate of service on any document she previously filed in

this record, and each document she previously filed

was accepted by the clerk of this court.

O n June 19, 2015, received a notice via email from this Court stating that Hunter is required to

pay the cost of this appeal. But Hunter did not

file a notice of appeal from Travis County Texas

District Court (“TCTDC”) D-1-GN-13002576.

Apparently, the clerk of the TCTDC falsely notified this court that Hunter filed a notice of

appeal when Hunter did not file a notice of appeal.

It appears from the “JUDGMENT RENDERED JUNE 18,

2015” that this Court believes that Hunter’s “Motion

To Reinstate” was interpreted as a Notice of Appeal.

It is unclear why this Court would make such an assumption on behalf of the TCTDC Clerk. But

clearly, a Notice of Appeal is not a Motion To

Reinstate and vice versa.

An email Hunter received from Kirby Hernandez (“Hernandez”) on June 19, 2015, an employee of the

TCTDC, revealed that she interpreted Hunter’s

“Motion to Transfer to the Third Court of Appeals”,

which was included with Hunter’s Motion To Reinstate,

as a notice of appeal.

Hernandez stated that she was not aware of any law that allowed for a transfer to the third court

of appeals (other than an appeal).

However, Hernandez is obviously unaware of Texas Gov’t Code 2001.176(c) which allows the TCTDC

to transfer a cause to the Court of Appeals for the

Third Court of Appeals District (“3 rd COA”) if this

Court finds that it is in the public’s interest, it

requires authoritative determination of the legal

issues, and the case would ordinarily be appealed.

Clearly, The TCTDC Clerk refuses to comply with Texas law [1] and the U.S. Constitution [2] and has

refused to provide many services required of her by

law [3] and has created false court documents on many

occasions [4] , has refused to provide an accurate court

record in 3-14-00737-cv, and much more. There is no

question that Hunter is a victim of many crimes

committed against her by, inter alia, the TCTDC

Clerk. It is nothing less than tyranny when a court

of law uses its authority to violate the law.

*6 PRAYER

Hunter respectfully requests that this Court rescind its Judgment Rendered June 18, 2015, and

simply close close this appellate record because

Hunter did not file a notice of appeal of Travis

County Texas District Court case D-1-GN-13002576.

Respectfully Submitted,

/s/ Chase Carmen Hunter

Chase Carmen Hunter

340 S Lemon Ave #9039

Walnut, CA 91789

Tel: 707-706-3647

Fax: 703-997-5999

Email: Chase_Hunter@yahoo.com

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the

foregoing was not served upon any people because

Hunter did not file a Notice of Appeal. This record

exists only due to an administrative error. It is

illogical that this Court expects that any person

should be given a chance to respond to this document

since there are no issues in dispute between Hunter

and any party. The only dispute is the fact that the

Clerk of the TCTDC made an error. The clerk of this

court should simply return the TCTDC’s transmission

of its non-existent Notice of Appeal to the TCTDC.

No Notice of Appeal exists. And the clerk of this

court should not have docketed this non-existent

appeal unless he received an actual Notice of Appeal

from the clerk of the TCTDC.

Chase Carmen Hunter

[1] See this court’s records 3-13-00468-cv, 3-13- 00557-cv, 3-14-00641-cv, 3-15-00218-cv, and 3-15- 00327-cv.

[2] Id.

[3] Id.

[4] Id.

Case Details

Case Name: Carmen Chase Hunter v. Texas Department of Insurance, Eleanor Kitzman in Her (Former) Capacity, and Julia Rathgeber in Her Official Capacity
Court Name: Court of Appeals of Texas
Date Published: Jun 22, 2015
Docket Number: 03-15-00326-CV
Court Abbreviation: Tex. App.
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