in Re Victoria I. Oko, & Uwakwe C. Oko

Opinion

CAUSE #14-15-00780

IN RE.: VICTORIA I. OKO, & § IN THE FOURTEENTH UWAKWE C. OKO RELATORS § COURT OF APPEAL

V.

RUBEN DAVIS Respondent

APPELLANTS, VICTORIA OKO & UWAKWE OKO'S MOTION FOR REHEARING

INDEX PA

DOCUMENTS

PAGE

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1

1. NOTICE

2. AFFIDAVIT OF INABILITY TO APPEAL OF VICTORIA OKO 5-7

AFFIDAVIT OF INABILITY TO PAY COST OF APPEAL OF UWAKWE OKO 8-10

CAUSE #14-15-00780

IN RE.: VICTORIA I. OKO, & § IN THE FOURTEENTH COURT UWAKWE C. OKO RELATORS § § OF APPEAL § §

RUBEN DAVIS § Respondent

APPELLANTS' MOTION FOR REHEARING

Appellants, VICTORIA I. OKO and UWAKWE C. OKO, Submit this Motion for Rehearing in

response to the opinion issued by the court on October 2, 2015and request that the court consider

the following issue:

ISSUE PRESENTED FOR REVIEW & ARGUEMENT

ISSUE 1: The Court of Appeal erred in finding that "that there is no appeal pending in this

court from the judgement in the underlying case. The appeal from the underlying case is

docketed in this court as Court of Appeals No. 14-15-00850. A copy of the Notice of Appeal

received by the Appellants is herein incorporated and hereto attached as Exhibit 1. Therefore,

this court has jurisdiction over this case.

Also attached and incorporated as exhibits 2, and 3 are the Affidavits of Inability to pay of

Victoria I.. Oko and Uwakwe C. Oko, respectively.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants, Victoria I. Oko and Uwakwe

C. Oko, respectfully prays that the Court grant this motion for rehearing, withdraw its opinion, and restrain Ruben Davis (Constable), Junior Properties LLC, and/Respondents' officers, agents,

servants, employees, successors, assigns, or attorneys are ORDERED to immediately CEASE

and DESIST from entering Plaintiffs' property located at 2422 HAWTHORNE BROOK LANE,

FRESNO, TEXAS 77545; they are furthered Restrained from attempting to evict plaintiffs from

the said property, from selling plaintiffs' said property, from exercising ownership/claim on the

said property or to file any instrument in any way jurisdiction, court of law, clerk's office, in the

Fort Bend county, Texas, or any other county and/or with any office or governmental agency in

the State of Texas or in the United states Court, House or any Federal agency of the U. S.

Government that will constitute entry and/or ownership of the Defendants on the said property.

By: UWAKWE C. OKO VICTORIA I. OKO 2422 HAWTHORNE BROOK LANE FRESNO, TEXAS 77545 TEL: (832) 882-1777 PROSE

CERTIFICATE OF SERVICE

WE, VICTORIA I. OKO, & UWAKWE C. OKO, certify that a true and correct copy of the above and forgoing documents has been served in compliance with the Texas Rules of Civil Procedures on this Af*#4-7,2015 to the Defendant, f) , . . sJ I / ° VICTORIA OKO & UWAKWE C. OKO

: RUBBEN DAVIS, THE CONSTABLE, PRECINT 2 ADDRESS: 303 Texas Parkway, Missouri City, Texas, 77489.

TONY ALI & ANY OFFICER OF JUNIOR PROPERTIES LLC 10661 Rockley Drive, Houston, Texas 77099.

.Justices Chief Justice

William J. Boyce Kem Thompson Frost

Tracy Christopher Martha Hill Jamison Clerk

Sharon McCally Christopher a. Prine , J. Brett Busby John Donovan Marc W. Brown Jfattrtotttlj OInurt nf Appeals Phone 713-274-2800

Ken Wise 301 Fannin, Suite 245 Houston, Texas 77002

Monday, October 05, 2015

Keval Patel Victoria I. Oko 19855 Southwest Freeway Ste 330 2422 Hawthorne Brook Sugar Land, TX 77478 Fresno, TX 77545 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

Uwakwe C Oko 2422 Hawthorne Brook Fresno, TX 77545 * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 14-15-00850-CV Trial Court Case Number: 15-CCV-055306

Style: Uwakwe C. Oko and Victoria I. Oko v.

Junior Properties, LLC

The district clerk has advised this court that a notice of appeal was filed in this case. Upon assignment of this case to the Court of Appeals, a $205.00 filing fee is now due by the filing party.

This court has a mediation program. Upon perfecting an appeal, the appellant must complete and file a docketing statement which contains a mediation section. The appellee must-also complete and file the Court's mediation docketing statement. Both appellant and appellee must file their statements within 15 days of the date of this letter. Failure to comply will be deemed an affirmative response to mediation on behalf of the non-filing party. Our court's docketing statement and mediation docketing statement are available on the court's website at www.txcourts.gov/14thCOA.

Pursuant to this Court's Local Rule 6, all attorneys are required to provide the Court with a valid e-mail address when submitting any document to the Court. Notices or other communications about this case will be delivered via email in lieu of mailing paper documents. Paper copies of notices or other communications about this case can be obtained by a party upon written request. Effective December 1, 2012, Rule 9 of the Texas Rules of Appellate Procedure require that all computer generated documents filed with the Court must be in a typeface no smaller than 14-point and must include a certificate of compliance stating the word count of the document being filed. Failure to comply will result in your document being rejected.

CHRISTOPHER A. PRINE, CLERK

/^uQ/J^ Deputy Clerk

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CAUSE NO. 15-PCV-222 803

UWAKWE C. OKO & VICTORIA I. § INTHEDISTRCT COURT OKO, § Plaintiffs § 400™ JUDICIAL DISTRICT §

Vs. § § OF FORT BEND COUNTY, TEXAS TONY ALI, JUNIOR PROPERTIES § LLC, & EVERBANK Defendant.

Affidavit of Inability to Pay Costs for Appeal of Uwakwe C. Oko My name is Uwakwe. Oko. Iam unable to pay the costs ofappeal or to file an appeal bond in order to appeal the Judgment. In order to appeal this proceeding, I am giving the following information under oath: Iam unable to pay the court costs. I verify that the statements made in this Affidavit are true and correct. Full Name:

UWAKWE C. OKO

Address: City, State, and Zip Code 2422 HAWTHORNE BROOK LANE, FRESNO, TEXAS 77545 Home Telephone: Cellular Phone:

832-882-1777

Former Address: 8310 FURLONGLANE, HOUSTON, TEXAS 77071 Date of Birth: Place of Birth: 12/31/1962 ABA, NIGERIA Employer: STUDENT

Employment Address:

Work Telephone: Job Title or Dutie

Supervisor's Name:

Spouse's Name: VICTORIA I. OKO

Spouse's Address: City, State, and Zip Code 2422 HAWTHORNE BROOK FRESNOI, TEXAS 77545

Spouse's Home Telephone: Spouse's Cellular Phone: 832-885-7297

Spouse'sEmployer:

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Income .. Monthly earnings: | $0 Other income: Amount: $0 Description:

Sponse's Income Spouse's monthly N/A earnings: Other income: Amount:

Description:

r,ftVor™T.«it Entitlement Income Unemployment Benefits BenefitAmount 3 AFDC:

Social Security:

Disability:

Veteran's Benefits:

Child Support:

Amount:

Other Entitlement Benefits:

All Other Income Description:

Accounts inFinanciallnstitutions Checking Accounts: Financial Institution: MEMBERSpURraXR^rUNION SavingAccounts: Financial Institution:

MPriiS^H^^^^^ Description:

Address:

NONE i^SS^SS^^^ Value:

Description:

$1,000.00

2003 HONDA CIVIC

Debts Total Due: Monthly Payment:

Description:

Monthly Expenses (for example, food, transportation, child care, health care, etc) Description:

TRANSPORTATION

Dependants Age: Relationship:

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UWAKWE C, OKO

THE STATE OF TEXAS § COUNTY 0 - §

BEFORE ME, the undersigned authority, on this day personaUy appeared UWAKWE C. OKO, who upon oath, stated that he/she is making this Affidavit and that the information provided is true and correct.

SWORN TO AND SUBSCRIBED before me on jU.'"L )o—A)0 •

'%%. JENNIFER CORINE MOORE IT7P'?'? MY COMMISSION EXPIRES PUBLIC, State of Texas February 24,2017

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State of Texas *

County of Harris *

Affidavit of Inability to Pay Costs for Appeal of Victoria

lyiy name is Victoria I. Oko. I am unable to pay the costs ofappeal or to file an appeal bond in order to appeal the Judgment. In order to appeal this proceeding, I am giving the following information under oath:

I am unable to pay the court costs. I verify that the statements made in this Affidavit are true and correct.

Full Name:

VICTORIA I. OKO

Address: City, State, and Zip Code 2422 HAWTHORNE BROOK LANE, FRESNO, TEXAS 77545 Home Telephone: Cellular Phone:

832-885-7297

Former Address: 8310 FURLONG LANE, HOUSTON, TEXAS 77071 Date of Birth: Place of Birth:

10/15/1977 ABA, NIGERIA

Employer: FOUR J'S COMMUNITY LIVING CTR. Employment Address: 9207 COUNTRY CREEK DR. SUITE 200, HOUSTON, TEXAS 77036 Work Telephone: 713-981-6206 Job Title or Duties: DIRECT CARE SUPV.

Supervisor's Name: ANTHONIA UDUMA

Spouse's Name: UWAKWE G. OKO

Spouse's Address: City, State, and Zip Code FRESNO, TX 77545

2422 HAWTHORNE BROOK Spouse's Home Telephone: Spouse'sCellular Phone:

Spouse's Employer: NONE

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* Spouse's Employment Address:

Spouse's Work Telephone: Spouse's Supervisor's Name:

Page 1 of3

Income Monthly earnings: $2,275.00 Other income: N/A Amount:

Description:

Spouse's Income Spouse's monthly N/A earnings: Other income:

Description: Amount:

Government Entitlement Income Unemployment Benefits Benefit Amount

AFDC:

Social Security:

Disability:

Veteran's Benefits:

Child Support

Other Entitlement Benefits: Amount-

All Other Income Description: Amount:

N/A

Accounts in Financial Institutions Checking Accounts:

Financial Institution: Account Number: 9064877823 Current Balance: -$104.73

WELLS FARGO BANK, HOUSTON, TX Saving Accounts:

Financial Institution: Account Number: Current Balance:

Real Property Owned otherthan Homestead Description: N/A Address: Value:

>Penon.. Proper* (Q^rtHanHouseMilvr^s^^ ~i%Z"*** Value:

Description: $1,200.00 2000 TOTOTA SIENA

Debts Monthly Payment:

Total Due:

Description: $205.00 $23,700.00

STUDENT LOAN

^^^^^^^M^^^^^^^^1^, Amount: Description:

$600.00 $300.00

TRANSPORTATION (INSURANCE, GAS ETC) $200.00 CHILD CARE $150.00 HEALTHCARE $250.00 LIGHT BILL 75.00 PHONE BILL $150.00 WATER BILL $150.00 CABLE

Dependants Relationship:

Address: DAUGHTER Name: MARTHA N. OKO 2422 HAWTHORNE BRK, FRESNO, TX SON

JOSEPH C. OKO 2422 HAWTHORNE BRK FRESNO, TX DAGHTER KATHRINE C. OKO 2422 HAWTHORNE BRK FRESNO, TX SON

VICTOR M. OKO 2422 HAWTHORNE BRK FRESNO, TX

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VICTORIA I. OKO Date

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THE STATE OF TEXAS § o

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COUNTY OF BEFOREME, theundersigned authontv, onthis day person* appeared VICTONA^Q,* ur^ ath,

;rms Affidavit and that the information provided is tree and sogeg.. 3 stated that she is making 1 PR

SWORN TO AND SUBSCRIBED, before me or to- K.toib ? t •=

Lie, State of Texas

ii^fei JENNIFffi CORINE MOORE Wp*j MY COMMISSION EXPIRES Febniar/24,2017

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