ELECTRONICALLY FILED
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS John D. Kinard 1/7/2015 1:02:55 PM District Clerk CHRISTOPHER A. PRINE Clerk
January 07, 2015
First Court of Appeals Christopher A Prine Clerk of Court 301 Fannin 2nd floor Houston TX 77002-2066
NOTICE OF ASSIGNMENT ON APPEAL
IN RE: Cause No. 10-FD-1929, Styled In Re: In the Interest of a Child/ren- Filed in County Court at Law No. 2 of Galveston County, Texas
Dear Clerk:
Please find enclosed a copy of the (accelerated) notice of appeal filed in the above case. This case is assigned to the 1st Court of Appeals, Houston, Texas.
Please note the following information: Date of Appealable Order or Judgment: 10/08/2014 Notice of Appeal: January 5, 2015 & January 6, 2015 (First Amended) Motion for New Trial filed: None Request for Finding of Facts and Conclusions of Law filed: None Trial Judge: Barbara Roberts Court Reporter: Jana Fowler
Request is hereby made that all parties immediately file any designation of material to be included in the Clerk’s record. Any ‘Motions for Extension of Time’ to file the record on appeal must be filed directly with the Court of Appeals. A copy of this assignment letter is being mailed to all counsel of record.
Sincerely,
John D. Kinard, District Clerk Galveston County, Texas
By: /s/ Faye Edwards, Deputy
600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388
Phone (409) 766-2424 Fax (409) 766-2292
1 ELECTRONICALLY FILED
Copy sent to
Erin L. Groce, Appellant Attorney For Bobby Jo Smith 1120 Nasa Parkway, Suite 308 Houston, Texas 77058 Erin@grocelegal.com
Ryan A. Beason, Appellee Attorney for Shankeshia Dominique Turner 18333 Egret Bay Blvd. Suite 33 Houston, Texas 77058 rbeason@galyen.com
Charlotte J Jernigan Office of the Attorney General-Child Support Division 5300 FM. 2004 Rd Lamarque, TX 77568 Charlotte.jernigan@cs.oag.state.tx.us
Hand Delivered Jana Fowler-Court Reporter County Court Two 600 59th Street, Suite 2204 Galveston, TX 77551 jana.fowler@co.galveston.tx.us
600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388
2 1/5/2015 3:39:47 PM JOHN D. KINARD ELECTRONICALLY FILED District Clerk Galveston County, Texas
NO. 10-FD 1929
IN THE INTEREST OF § IN COUNTY COURT AT LAW § B.J.S. § NUMBER2 § A CHILD § GALVESTON COUNTY, TEXAS
NOTICE OF APPEAL
This Notice of Appeal is filed by Bobby Jo Smith, Respondent, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order.
1. The trial court, cause number, and style of this case are as shown in the caption above. 2. The judgment or order appealed from was signed on October 8, 2015. 3. Bobby Jo Smith desires to appeal from all portions ofthejudgment. 4. This appeal is being taken to either the First or Fourteenth Court of Appeal s. 5. This notice is being filed by Bobby Jo Smith. 6. This is an accelerated appeal. This is not a parental termination case or a child protection case. 7. Appellant is presumed indigent and may proceed without advance payment of costs.
Respectfully submitted,
Groce Law Office PLLC 11 20 NASA Parkway, Suite 308 Houston, Texas 77058 Tel: (28 1) 333-3833 Fax: (28 1) 6 17-4226 E-mail: erin@groce
By: __~~~--~~--~~------------- Erin L. Groce State Bar No . 24054546 Attorney for Bobby Jo Smith
Certificate of Service
I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:
Cause No. I 0-FD-1929: Respondent' s Notice of Appeal Page I o f2
3 ELECTRONICALLY FILED
Party: Shankeshia Dominique Turner Lead attorney: Ryan A. Beason, Bailey & Galyen Address of service: 18333 Egret Bay Blvd. Suite 333, Houston, Texas 77058 Method of service: by fax (281) 335-4774 Date of service: January 5, 2015
Party: Office of Attorney General - Child Support Division Lead attorney: N/A Address of service: 5300 FM 2004, La Marque, Texas 77568 Method of service: by fax (409) 986-9663 Date of service: January 5, 2015
Attorney for Respondent
Cause No. I 0-FD-1929: Respondent's Notice of Appeal Page 2 of2
4 1/6/2015 5:07:47 PM JOHN D. KINARD ELECTRONICALLY FILED District Clerk Galveston County, Texas
IN THE INTEREST OF § IN COUNTY COURT AT LAW § B.J.S. § NUMBER2 § A CHILD § GALVESTON COUNTY, TEXAS
FIRST AMENDED NOTICE OF APPEAL OF THE ORDER FOR ENFORCEMENT OF_ CHILD SUPPORT ORDER AND ORDER TO APPEAR
This Notice of Appeal is filed by Bobby Jo Smith, Respondent, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order.
1. The trial court, cause number, and style of this case are as shown in the caption above. 2. The judgment or order appealed from was signed on October 8, 2014. 3. Bobby J o Smith desires to appeal from all portions of the judgment. 4. This appeal is being taken to either the First or Fourteenth Court of Appeals. 5. This notice is being filed by Bobby Jo Smith. 6. This is an accelerated appeal. This is not a parental termination case or a child protection case. 7. Appellant is presumed indigent and may proceed without advance payment of costs.
Groce Law Office PLLC 1120 NASA Parkway, Suite 308 Houston, Texas 77058 Tel: (281) 333-3833 Fax: (281) 617-4226 E-mail: erin@ grocele al
By:_----.~,.t---¥-....::::....,::-+---\-=:......_-====F------ Erin L. Groce State Bar No. 24054546 Attorney for Bobby Jo Smith
I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:
Cause No. 10-FD-1929: Respondent' s Notice of Appeal Page 1 of2
5 ELECTRONICALLY FILED
Party: Shankeshia Domiillque Turner Lead attorney: Ryan A. Beason, Bailey & Galyen Address of service: 18333 Egret Bay Blvd. Suite 333, Houston, Texas 77058 Method of service: by fax (281) 335-4774 Date of service: January 6, 2015
Party: Office of Attorney General- Child Support Division Lead attorney: N/A Address of service: 5300 FM 2004, La Marque, Texas 77568 Method of service: by fax (409) 986-9663 Date of service: January 6, 2015
Erin L. Groce \ Attorney for ReSpondent
Cause No. I 0-FD-1929: Respondent' s Notice of Appeal Page 2 of2
6 ELECTRONICALLY FILED
In the · Petitioner/ Plaintiff
Respondent/ Defendant --------------
Affidavit of lndigency (Request to Not Pay Court Fees)
You must either 1) sign this form 1n You can be prosecuted •I you he lise this form to ask the court not to charge you for court fees. This form front of a notary public or 2) s1gn thiS on th1s form. is also called an ·'Affidavit of lnabHy form and sign and attach a The court may or may not approve to Pay Court Costs·· or a ·'Pauper's completed "Unsworn Declaration" th:s request to not pay court fees. Oath." You can only use this form if: form. By sign1n.g in front of a notary, The court may order you to answer ( 1) you get public benefits because you sv1ear under oath that t11e questions about your finances at a you are poor m tL) you car 1't pay iAI'efffiBtiOA pro·Jided IS V' I@ •nd ; tt;at i1 1g, At tr.at l"icaring you v,i!l cool t fees. correct. Sy ~igning and attaching an ea.e !o present evid@OGB to the The informat:on you give on this ·unsworn Declaration·· form, you judge of your income and expenses form must be current comp~ete, true declare under penalty of perjury that to prove that you have no ab1lity to and correct the information provided is true and pay court fees.
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ELECTRONICALLY FILED
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS John D. Kinard 1/7/2015 1:02:55 PM District Clerk CHRISTOPHER A. PRINE Clerk
January 07, 2015
First Court of Appeals Christopher A Prine Clerk of Court 301 Fannin 2nd floor Houston TX 77002-2066
NOTICE OF ASSIGNMENT ON APPEAL
IN RE: Cause No. 10-FD-1929, Styled In Re: In the Interest of a Child/ren- Filed in County Court at Law No. 2 of Galveston County, Texas
Dear Clerk:
Please find enclosed a copy of the (accelerated) notice of appeal filed in the above case. This case is assigned to the 1st Court of Appeals, Houston, Texas.
Please note the following information: Date of Appealable Order or Judgment: 10/08/2014 Notice of Appeal: January 5, 2015 & January 6, 2015 (First Amended) Motion for New Trial filed: None Request for Finding of Facts and Conclusions of Law filed: None Trial Judge: Barbara Roberts Court Reporter: Jana Fowler
Request is hereby made that all parties immediately file any designation of material to be included in the Clerk’s record. Any ‘Motions for Extension of Time’ to file the record on appeal must be filed directly with the Court of Appeals. A copy of this assignment letter is being mailed to all counsel of record.
Sincerely,
John D. Kinard, District Clerk Galveston County, Texas
By: /s/ Faye Edwards, Deputy
600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388
Phone (409) 766-2424 Fax (409) 766-2292
1 ELECTRONICALLY FILED
Copy sent to
Erin L. Groce, Appellant Attorney For Bobby Jo Smith 1120 Nasa Parkway, Suite 308 Houston, Texas 77058 Erin@grocelegal.com
Ryan A. Beason, Appellee Attorney for Shankeshia Dominique Turner 18333 Egret Bay Blvd. Suite 33 Houston, Texas 77058 rbeason@galyen.com
Charlotte J Jernigan Office of the Attorney General-Child Support Division 5300 FM. 2004 Rd Lamarque, TX 77568 Charlotte.jernigan@cs.oag.state.tx.us
Hand Delivered Jana Fowler-Court Reporter County Court Two 600 59th Street, Suite 2204 Galveston, TX 77551 jana.fowler@co.galveston.tx.us
600 59th Street, Room 4001, P. O. Box 17250, Galveston County Justice Center, Galveston, Texas 77551- 2388
2 1/5/2015 3:39:47 PM JOHN D. KINARD ELECTRONICALLY FILED District Clerk Galveston County, Texas
NO. 10-FD 1929
IN THE INTEREST OF § IN COUNTY COURT AT LAW § B.J.S. § NUMBER2 § A CHILD § GALVESTON COUNTY, TEXAS
NOTICE OF APPEAL
This Notice of Appeal is filed by Bobby Jo Smith, Respondent, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order.
1. The trial court, cause number, and style of this case are as shown in the caption above. 2. The judgment or order appealed from was signed on October 8, 2015. 3. Bobby Jo Smith desires to appeal from all portions ofthejudgment. 4. This appeal is being taken to either the First or Fourteenth Court of Appeal s. 5. This notice is being filed by Bobby Jo Smith. 6. This is an accelerated appeal. This is not a parental termination case or a child protection case. 7. Appellant is presumed indigent and may proceed without advance payment of costs.
Respectfully submitted,
Groce Law Office PLLC 11 20 NASA Parkway, Suite 308 Houston, Texas 77058 Tel: (28 1) 333-3833 Fax: (28 1) 6 17-4226 E-mail: erin@groce
By: __~~~--~~--~~------------- Erin L. Groce State Bar No . 24054546 Attorney for Bobby Jo Smith
Certificate of Service
I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:
Cause No. I 0-FD-1929: Respondent' s Notice of Appeal Page I o f2
3 ELECTRONICALLY FILED
Party: Shankeshia Dominique Turner Lead attorney: Ryan A. Beason, Bailey & Galyen Address of service: 18333 Egret Bay Blvd. Suite 333, Houston, Texas 77058 Method of service: by fax (281) 335-4774 Date of service: January 5, 2015
Party: Office of Attorney General - Child Support Division Lead attorney: N/A Address of service: 5300 FM 2004, La Marque, Texas 77568 Method of service: by fax (409) 986-9663 Date of service: January 5, 2015
Attorney for Respondent
Cause No. I 0-FD-1929: Respondent's Notice of Appeal Page 2 of2
4 1/6/2015 5:07:47 PM JOHN D. KINARD ELECTRONICALLY FILED District Clerk Galveston County, Texas
IN THE INTEREST OF § IN COUNTY COURT AT LAW § B.J.S. § NUMBER2 § A CHILD § GALVESTON COUNTY, TEXAS
FIRST AMENDED NOTICE OF APPEAL OF THE ORDER FOR ENFORCEMENT OF_ CHILD SUPPORT ORDER AND ORDER TO APPEAR
This Notice of Appeal is filed by Bobby Jo Smith, Respondent, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order.
1. The trial court, cause number, and style of this case are as shown in the caption above. 2. The judgment or order appealed from was signed on October 8, 2014. 3. Bobby J o Smith desires to appeal from all portions of the judgment. 4. This appeal is being taken to either the First or Fourteenth Court of Appeals. 5. This notice is being filed by Bobby Jo Smith. 6. This is an accelerated appeal. This is not a parental termination case or a child protection case. 7. Appellant is presumed indigent and may proceed without advance payment of costs.
Groce Law Office PLLC 1120 NASA Parkway, Suite 308 Houston, Texas 77058 Tel: (281) 333-3833 Fax: (281) 617-4226 E-mail: erin@ grocele al
By:_----.~,.t---¥-....::::....,::-+---\-=:......_-====F------ Erin L. Groce State Bar No. 24054546 Attorney for Bobby Jo Smith
I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:
Cause No. 10-FD-1929: Respondent' s Notice of Appeal Page 1 of2
5 ELECTRONICALLY FILED
Party: Shankeshia Domiillque Turner Lead attorney: Ryan A. Beason, Bailey & Galyen Address of service: 18333 Egret Bay Blvd. Suite 333, Houston, Texas 77058 Method of service: by fax (281) 335-4774 Date of service: January 6, 2015
Party: Office of Attorney General- Child Support Division Lead attorney: N/A Address of service: 5300 FM 2004, La Marque, Texas 77568 Method of service: by fax (409) 986-9663 Date of service: January 6, 2015
Erin L. Groce \ Attorney for ReSpondent
Cause No. I 0-FD-1929: Respondent' s Notice of Appeal Page 2 of2
6 ELECTRONICALLY FILED
In the · Petitioner/ Plaintiff
Respondent/ Defendant --------------
Affidavit of lndigency (Request to Not Pay Court Fees)
You must either 1) sign this form 1n You can be prosecuted •I you he lise this form to ask the court not to charge you for court fees. This form front of a notary public or 2) s1gn thiS on th1s form. is also called an ·'Affidavit of lnabHy form and sign and attach a The court may or may not approve to Pay Court Costs·· or a ·'Pauper's completed "Unsworn Declaration" th:s request to not pay court fees. Oath." You can only use this form if: form. By sign1n.g in front of a notary, The court may order you to answer ( 1) you get public benefits because you sv1ear under oath that t11e questions about your finances at a you are poor m tL) you car 1't pay iAI'efffiBtiOA pro·Jided IS V' I@ •nd ; tt;at i1 1g, At tr.at l"icaring you v,i!l cool t fees. correct. Sy ~igning and attaching an ea.e !o present evid@OGB to the The informat:on you give on this ·unsworn Declaration·· form, you judge of your income and expenses form must be current comp~ete, true declare under penalty of perjury that to prove that you have no ab1lity to and correct the information provided is true and pay court fees. correct.
"My name is
"I am above the age of eighteen (18) years, and I am fully competent to make this affidavit. I am unable to pay court casts The nah1re and amount of my income, resources, debts, and expenses are described in this form.
G:> "I receive.tthh.'1"1 e publi.ccb b~a don indigency: b)M'Ili fits/government entitle. ments that ar·e··· o SSI YWIC \/'Food Stamps/SNAP , TANF 1\t1Vtedicaid CHIP AABD Needs-based VA Pension County Assistance, County Health Care, or General Assistance (GA) i Low-Income Energy Assistance I
if you receive any of the abo;.:e public berefits, attach proof and fa.?eJ it ··Exhibit.· Proof oi Public Bene file>
3 ®. AMy income sources are state Sf Unemployed since: (date) i Wages: I work as a :r i~=ome from another member of my ha::~;~~o:,;:vailable: 0 Child/spousal support :vty spouse's inca:: Tips, bonuses ~·· Military Housing · Worker's Camp Disability ' Unemployment Social Security 1Retirement/Pension .· Dividends, interest, royalties i,~ 2"' job or other income: ® "My income a•uotmts are stated below. Total 1ncomc after /axes-+ (a) My monthly net income after taxes are taken out is: (b) The amount I receive each month in public benefits is: Toial amount recai'.'Od-+
(c) The amount of income from other people in my household is:* Total amour:t received ----;.
The amount 1receive each month from other sources is: Total amount received-+ +
(e) M) TOTAL monthly inGome is Add all sources of income above-+ "List this income only if other members contribute to your household income Page 1 of 2
© TexasLawHelp.org- Affidavit of fndigency, November 2012 7 ELECTRONICALLY FILED
G.l About my dependents: "The people who depend on me financially ate listed below.
: NtVJ ectn dU:£; 19.jq)13 Cma.l-eJ Soh 6 -----··- ~···-------
Rentlhoblse payments/maintenance
Bank accounts, other financial assets (Lrsr; Food and household supplies __ .. ___ $ ___ .. - Utilities and telephone s i4"L,~) --·--- Clothing and laundry $ ) $ Medical and dental expenses · ""' h<>~lth ~ etc\ ~ It X ) • '-- s Lt.( ) ) )' l \Ui )'IT\)~ School and child care Vehicle payments Gas, bus fare, auto repair :%uK R e a t t (~ause ar land) (Do oet r;st t;• $ oo<'se Y"" uve in 1 Child I spousal support Wages withheld by court order Debt payments :€ $ Other exoenses (Describe) O~perty (like jewelry, stocks, et;.) rDescriba) \ CY'l r-.12 $
Total value of property _, [ = $ I Total monthly Expenses -> I= $ 2DS':Jt r . r r '• . •, . r ., . • r' ,.
® "My debts include: n To fist any other facts you want the court to .know, such as unusual medical expenses, family emergencies, etc .. attach enctht-r page to this form and !abel it ·ExhiL:if: Additional Supporting Facts .., Check here if you attach another page. 1
® "I am unable to pay court costs. I verify that the statements made m thts afftdavtt are true and correct."
® Your Signature.~ ,'fi;!•'
. -~ -;: . ........ . State of Texas ......, ••. i . . /
County of Print the narne of county wncre thjs Affidavit is rotarizcd
Sworn to and subscribed before me today, . by Print name of person who is signing this Affidad. NU i the notary s name.
Page 2 of 2
© TexasLawHelp.org -Affidavit of lndigency, November 2012 8