Charles Ronald Wade v. Harris County, Harris County Department of Education, Port of Houston Authority of Harris County, Harris County Flood Control District, Harris County Hospital District, City of Houston, Houston Independent School District, and Houston Community College Sy

Opinion

ACCEPTED 01-15-00155-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 2:49:30 PM CHRISTOPHER PRINE CLERK

CASE NO. 01-15-00155-CV

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FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 2:49:30 PM FOR THE FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk

CHARLES WADE, APPELLANT VS.

HARRIS COUNTY , ET AL., APPELLEES

On Appeal from the 295TH Judicial District Court of Harris County, Texas, Trial Court No. 2011-69056

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APPEALLANT MOTION FOR REHEARING

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Charles R Wade 4318 Woodmont Houston, Texas 77045 713-434-0127

PRO SE FOR APPEALLANT

MOTION FOR REHEARING

COMES NOW CHARLES WADE, Appellant in this cause and moving for rehearing and

in support thereof says:

Point Relied on for Rehearing:

This Honorable First Court of Appeals should grant Appellant motion for rehearing

because the issue raised in Appellants’ appeal concern an issue of significance to the jurisprudence

of this state. Appellant raise only one issue for rehearing and this issue has been raised in this

Honorable First Court of Appeal in another case where the Supreme Court of Texas reversed the

Honorable First Court ruling and remanded back to trial court. Walker v. Blue Water Garden

Apartments, 776 SW 2d 578 - Tex: Supreme Court 1989.

Appellant point is based on the facts that appellant file a pauperis affidavit within the

ninety day allowed to prefect an appeal if Appellant filed a timely motion for new trial which

Appellant did in this cause. (See Exhibit 1). Much like what happen in Walker Supra, this

Honorable First Court of Appeals did not address this Appellant argument that Appellant filed

Affidavit of inability to pay court cost in the Trial Court. (See 1st Court of Appeal Judgement of

June 16, 2015, also see INTRODUCTION paragraph (4) of Appellant RESPONSE TO COURT

NOTICE OF 05/14/15 AND/OR RESPONSE TO APPELLEE MOTION TO DISMISS) (Also

see Linwood v. NCNB Texas, 885 SW 2d 102 - Tex: Supreme Court 1994).

Appellant contends that the Affidavit of inability to pay court cost, stamped filed

September 4, 2014, was filed 35 days after trial court judgement was signed on August 1, 2014,

was filed in a bona fide attempt to invoke appellate court jurisdiction. UNITED ASS'N OF

JOURNEYMEN, ETC. v. Borden; accord Woods Exploration & Producing Co. v. Arkla Equip.

Co., 528 S.W.2d 568, 570 (Tex.1975)

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Argument:

Appellant filed Affidavit of Inability to pay Court Cost "Forma Pauperis", on September

4, 2014, which was 35 days after trial court judgement was signed. In Lilnmod Supra, Linwood

corrected his own error 53 days afo.)r the judgment was signed by filing his cost bond.

The Court of Appeal stakd in Linwood Supra, "The court of appeals, however, has

jurisdiction over the appeal if a party files an instrument in a bona fide attempt to invoke the

appellate court's jurisdiction. Grand Prairie lndep. Sch. Dist. v. Southern Parts Imports, Inc.,

813 S.W.2d 499, 500 (Tex.1991); Walker v. Blue Water Garden Apartments, 776 S.W.2d 578,

5 81 (Tex.1989)."

Since Appellant had filed a timely motion for new trial and filed Affidavit of Inability to

pay Court cost, on September 4, 2( 14, which was 35 days after trial court judgement was signed

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stated above, there is no other reas< m Appellant file Affidavit of Inability to pay Comi cost but to

invoke the appellate court's jurisdi<. tion.(See Exhibit 1).

Praver:

Appellant pray that this Honorable Court set aside the Judgement of June 16, 2015, and

allow Appellant to proceed in this . \ppeal.

Respectfully Submitted,

Charles R Wade, Pro Se 4318 Woodmont Houston, Texas 77045 713-434-0127

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CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I hereby certify

that a true and correct copy of the forgoing instrument has been furnished to Edward J. (Nick)

Nicholas, LINEBARGER GOGGAN BLAIR & SAPSON, LLP, 4828 Loop Central Drive, Suite

600, HOUSTON, TEXAS 77081, the following counsel of record by faxing to (713) 844-3504,

by E-Mail to: nick.nicholas(c:i{lgbs.com and by electronic filing through Efile.Texas.gov, properly

addressed and transmitted, July 6, 20.Ll_.

~R. IJJb?& Charles R Wade, Pro Se 4318 Woodmont Street Houston, Texas 77045 713-434-0127

Shelly Raymond Wade 8114 Hideaway Lake Circle Spring, TX 77389 Efile. Texas.gov

Dr. Alex Melvin Wade, Jr. 01624189 Mark W. Stiles 3060 FM 3514 Beaumont, Texas 77705 United States mail

Dianne Ruth Winzer Aka Dianne Ruth Wade 13518 Windy Willow Drive Missouri City, TX 77 489 Efile.Texas.gov

Liberace Wade 8152 Scenic Hwy., Ste. C Baton Rouge, LA 70807 Efile.Texas.gov

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Gary Bernard Wade 15206 Wimberly Park Dr. Houston, TX 77049 Efile.Texas.gov

Patsy Wade Rt. 4 Box 4860 San Augustine, TX 75972 Efile.Texas.gov

Jan ice Faye Coleman 16727 Lone Quail Ct Missouri City, TX 77 489 Efile.Texas.gov

Perdue, Brandon, Fielder, Collins & Mott Attorneys for Five Corners Improvement District 1235 N. Loop West, Suite 600 Houston, Texas 77008 Via Facsimile: (713) 862-1429

Attorney Annie Briscoe 1217 Prairie Street Houston, Texas 77002 (713) 270-8732 Efile. Texas.gov

~t?c.W~ Charles R Wade, Pro Se 4318 Woodmont Houston, Texas 77045 713-434-0127 Date: July 6, 2015

CASE NO. 01-15-00155-CV

CHARLES WADE, APPELLANT VS.

HARRIS COUNTY , ET AL., APPELLEES

EXHIBIT 1 TO APPELLANT MOTION FOR REHEARING 9/4/2014 5:43:20 AM Chris Daniel - District Clerk Harris County Envelope No. 2370194 By: Euniecy Gentry

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