David Goad v. Eric Strey and Does 1 Through 10

• Court: Court of Appeals of Texas
• Decided: April 27, 2015
• Docket: 04-15-00218-CV
• Status: Published

Opinion

Court of Appeals Number: 04-15-002 i 8-CV Trial Court number. 2014-CV-0392

DAVID GOAD § IN THE COUNTY COURT Plaintiff. Appellant. § V. § § AT LAW ERIC STREY § and § DOES 1 through 10, Defendant's, § Appellee' § GUADALUPE COUNTY. TEXAS

PLAINTIFF'S MOTION FOR FREE APPELLATE RECORD

Plaintiff asks the trial court to order the clerk and the court reporter to prepare the^

appellate record at no cost to plaintiff. *j/\

A. Introduction r*o a: -:■ rv-v -J --r ■ O . - ■■: . Plaintiff is David Goad; defendant is Eric Strey and Does 1 thru HJ*-^. IS . -

2. Plaintiff sued defendant for violation of civil rights, fraud, and conspiracy. " UD -■ „

3. The court signed the Order of Dismissal on February 18. 2015. in favor of defendant.

B. Argument & Authorities

4. A party is entitled to a free appellate record if he establishes indigcncy under Texas

Rule of Appellate Procedure 20.1 and the court finds that the appeal is not frivolous and thai

the appellate record is necessary to decide the issues presented. Tex. Civ. Prac. & Rem.

Code §13.003(a)(2).

5. The record will reflect that Plaintiff 1. has provided an EOLTA Certificate under

TRCP 145(c), the Fourth Court of Appeals has ruled plaintiff indigent. 2. Judge Linda Jones

waved the appeal bond on December 17. 2015. when plaintiff motioned to proceed hi Forma

Pauperis. 3. Judge Robin Dwyer stated in Court on February IS. 2015. that he understood Judge Linda Jones order to mean that the plaintiff was indigent when plaintiff requested an

order to proceed In Forma Pauperis.

6. Plaintiff attaches his declaration of indigence to this motion and incorporates it by

reference to prove he is unable to pay the costs of the appeal because of his indigence.

7. Plaintiff seeks to appeal on the following issues: Fraud upon the Court.

8. This appeal is not frivolous because fraud was committed upon the court.

C. Appellate Record Necessary

9. Plaintiff requests all documents filed with the trial court. This includes, but is not

limited to those documents that were filed by plaintiff beginning in September of 2014.

Many of these documents did not have a case number on them, because no number was

issued until after a court hearing on December 17, 2014. Without these documents, the

appeal cannot be prosecuted.

10. Plaintiff will request a complete reporter's record for this appeal. The complete

reporter's record is necessary because plaintiff will show that the record reflects that fraud

was brought upon the court.

D. Request

11. For these reasons, Plaintiff asks the court to order the clerk and the court reporter to

prepare a free appellate record.

E. Declaration I, David Goad, if requested to do so, could and would competently testify under oath,

based upon my personal knowledge, to the matters stated herein:

I, David Goad am unable to pay the fees associated with this appeal. The facts noted

in this Motion are true and correct.

I freely swear under the penalty of perjury under the laws of the United States of

America that my above statements are true and made to the best of my knowledge.

April 23,2015 Respectfully submitted and attested to,

DAVID GOAD, Plaintiff pro se 1154 Rivertree Drive New Braunfels, Texas 78130 830-515-205

CERTIFICATE OF SERVICE

The undersigned certifies that on April 23,2015, this PLAINTIFF'S MOTION FOR FREE APPELLATE RECORD was served on all parties in accordance with Texas Rules of Civil Procedure as set out herein below:

Jeremy R. Sloan, Esq. 16500 San Pedro., Suite 410 San Antonio, Texas 78232 U.S. Mail

David Goad