Mariann Bacharach v. John Doe

Opinion

ACCEPTED 14-14-00947CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/29/2015 2:00:35 PM CHRISTOPHER PRINE CLERK

FILED IN 14th COURT OF APPEALS 14-14-00947-CV HOUSTON, TEXAS 1/29/2015 2:00:35 PM CHRISTOPHER A. PRINE Clerk IN THE FOURTEENTH COURT OF APPEALS,

HARRIS COUNTY TEXAS

MARIANN BACHARACH, Appellant

V.

JOHN DOE, Appellee

Appeal from County Court at Law Number Two, Harris County, Texas

MOTION TO CONTEST

INDIGENCY

Eric Dick

Texas Bar No. 24064316

4325 Tulsa

Houston, Texas 77092

Tel. (832)207-2007

Fax (713)893-6931

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

NOW COMES JOHN DOE, hereinafter Plaintiff, and files this Motion to

Contest Indigency Affidavit by Defendant and in support hereof, shows the court the

following:

I.

Defendant does not qualify for Indigency status and Plaintiff request that a

hearing be held to ascertain Defendant’s status. Defendant’s Indigency Affidavit is

untimely and in violation of Texas Rules of Appellate Procedure (TRAP) 20.1(C)1.

An appellate must file an Affidavit of Indigence in the trial court with or before the

Notice of Appeal. Defendant filed her Notice of Appeal on November 10, 2014, and

did not file her Indigent Affidavit until December 16, 2014. The Defendant is a

professional litigant and has previously represented herself in other cases for the past

decades. Defendant has not been completely candid with the Court with numerous

income at her disposal.

II.

1. Defendant, Mariann Bacharach, has an internet store called Magic

Number Market with thousands of dollars in merchandise.

2. She has sold thousands of dollars in merchandise, according to her

pleadings in Hidalgo County, this year alone and has failed to include

that in her affidavit and has failed to declare said income to the Texas

Department of Health and Human Services.

3. She accepts money through PAYPAL, in her name or other associates,

and all major credit cards including Visa, MasterCard, American

Express, and Discover.

4. She has stock accounts.

5. Additionally, Defendant has a website www.Lexinevi.com where she

creates and sells websites starting at $39.00 to $790.00.

6. She has a hate site named www.Thuglaw.com and sells ads on said site.

7. She has a gofundme.com fund, where she has access to different funds.

8. Defendant also has EBay stores where she collects money for different

goods sold.

9. Defendant also has purchased gift cards in which she uses to store her

income. She has received money through Western Union via

MoneyGram and has had numerous cash payments made to her directly.

10. She is also an owner and driver of a Mercedes Benz vehicle.

11. She pays for different Post Office Boxes and different websites.

12. She has numerous cellular phone accounts with the newest iPhone and

Apple computers.

13. She has had money to hire two different law firms. She has hired Diana

E. Sims (Bar No. 24013517) on a criminal case and has hired Trent

Gaither (Bar No. 07572550) to represent her in a civil case. She has

paid thousands of dollars to both attorneys within the past twelve

months.

14. She has the financial means to travel 350 miles to South Texas by either

plane or car. She has also had the ability to pay for room and board

while there.

15. She has the ability to ask for money and loans from at least one lawyer

in Houston, Texas, who appears to have funded some of her case.

16. Additionally, she has a benefactor in the State of Utah who has provided

her with thousands of dollars in living expenses.

Respectfully submitted, By: /s/Eric B. Dick Eric Dick Texas Bar No. 24064316 4325 Tulsa Houston, Texas 77092 Tel. (832)207-2007 Fax (713)893-6931 ebdick@gmail.com

CERTIFICATE OF SERVICE

I certify that on January 29, 2015, a true and correct copy of Response to

Motion to Contest Indigency was served to each person listed below by the method

indicated.

/s/Eric B. Dick Eric Dick

Mariann Bacharach PO Box 8217 Houston, TX 77288

CRMM No.: 7012 3460 0002 6429 2558