Shaine Carl Cagle v. Donna Gail Andrews

Opinion

June 23, 2015

June 19, 2015

Mr. Jeffrey D. Kyle, Clerk Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547

RE: Court of Appeals Number: 03-14-00636-CV Trial Court Case Number: 42697

Style: Shaine Carl Cagle Srfcfi\/ir"~'

v. Donna Gail Andrews | u M 2 3 2015 THIRD COURfOFAPpFAK

Dear Mr. Kyle: \Jwd£^' I am in receipt of your letter dated June 17, 2015, advising that an Appellee's brief was overdue in the matter referenced above. I did not receive this letter until June 18, 2015, because the court was incorrectly sending it to my former Counsel of Record.

Please note the attached Motion for Withdrawal of Counsel, executed in December 2014. I am a single mother raising a child on a tight budget; I cannot continue to retain an attorney at $150.00 per hourto respondto the Appellant'scorrespondence. Henceforth, Iwill be advocating on my own behalf, and encourage the court to please send all future correspondence to my attention at P.O. Box 1294, Burnet, Texas, 78611.

The matter of the marriage of Donna Gail Andrews and Shaine Carl Cagle, case number 42697, was decreed on July 11,2014. The Appeal was received by the Court of Appeals, Third District of Texas on October 2, 2014. According to the Texas Rules of Appellate Procedure (Tex. R. App. P.), an Appellant has 30 days in which to give notice of appeal, Rule 26.1. This appeal clearly did not meet these requirements and I pray that the court will dismiss this appeal for failure to comply with Texas Appellate Rules.

Furthermore, the Appellee cannot ascertain what judgement is being 'appealed' since the Appellant did not follow the Texas Rules of Appellate Procedure format, nor did the Appellant clearly state what remedy he is seeking or what element of the court's decision he is appealing. What, exactly, is being contested and upon what Index of Authorities is the argument based? It is thus impossible to provide a rejoinder in brief to contest such ambiguous statements. I again respectfully ask that the court dismiss this motion, in this case for failure to properly or adequately brief the issue.

Regarding the Appellant'sclaim of 'fraudulent filing of 2013tax return for financial gain', Iappeal to the court to review the attached copy of said return. This tax return was filed on my behalf under the counsel and guidance of Ms. Michelle Wolfe, Tax Associate, H&R Block, in Marble Falls, Texas. Ms. Wolfe specifically instructed me to sign for the Appellant as he was 'absent due to incarceration'. I have contacted the Internal Revenue Service and asked them for an opinion on this matter. If it is necessary to file an amended return as 'Single' status, Iwill do so; any additional taxes or fees will be settled between myself and the Internal Revenue Service. Ithank the court for bringing this to my attention.

It may interest the court to learn that the 2013 tax refund in question was based 100 percent on my income and wages. The Appellant was unemployed and living off my income for the entire duration of the marriage. At the time of the Appellant's felony and resultant arrest, my daughter and I were stranded on the side of the highway, at a truck stop, with nothing but the clothes on our backs. The 2013 refund was used to secure safe lodging and transportation, medical care, day care, food and clothing for my daughter and myself.

Forthe above reasons, I respectfully request that the Court dismiss the Appellant's motion in this case. I also request that the court award any other relief it considers fair and proper.

Respectfully,

£)MMLdlAdjWiLr~ Donna Gail Andrews P.O. Box 1294 Burnet, Texas, 78611

Cc: personal file

Attachments:

1) Court of Appeals, call for Appellee's Brief 2) Order of Motion for Withdrawal of Counsel 3) Donna G. Andrews 1040A 2013 Tax Return 4) State of Colorado Individual Income Tax Declaration for Electronic Filing, 2013

FILE COPY

Court of Appeals

Third District of Texas P.O. BOX 12547, AUSTIN, TEXAS 78711-2547 www.txcourts.gov/3rdcoa.aspx (512) 463-1733

JEFF L. ROSE, CHIEF JUSTICE JEFFREY D. KYLE, CLERK DAVID PURYEAR, JUSTICE BOB PEMBERTON, JUSTICE MELISSA GOODWIN, JUSTICE SCOTT K. FIELD, JUSTICE CINDY OLSON BOURLAND, JUSTICE June 17,2015

Ms. Kimberly Ashby 1003 Berry Street PO Box 888 Llano, TX 78643 * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 03-14-00636-CV Trial Court Case Number: 42697

Style: Shaine Carl Cagle v. Donna Gail Andrews

Dear Counsel:

Appellee's briefwas due in this Court on June 1,2015 and is overdue. See Tex. R. App. P.

38.6(b). If this Court does notreceive a satisfactory response to this notice from appellee's counsel on orbefore Monday. June 29.2015. thiscause will be submitted on appellant's briefalone.

Very truly yours,

JEFFREY D. KYLE, CLERK

BY:

g£

Amy Strother, Deputy Clerk

cc: Mr. Shaine Carl Cagle

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

NO. 42697

IN THE MATTER OF § INTHE COUNTY COURT AT LAW THE MARRIAGE OF § §

DONNA GAIL ANDREWS AND SHANE CARL CAGLE

AND IN THE INTEREST OF S.L.C,ACHILD § BURNET COUNTY, TEXAS

ORDER ON MOTION FOR WITHDRAWAL OF COUNSEL ff

%°

Oafl^^btrH . the Court considered the Motion for Withdrawal ofCounsel of

KimberlyAshby.

The Court findsthat good cause exists forwithdrawal ofKimberlyAshby as counsel

The Court finds that a copy of the Motion for Withdrawal of Counsel was delivered to

Donna Oail Andrews, that Donna Gail Andrewswas notifiedin writingof the right to objectto

themotion,mat Donna Gail Andrewshas consented to me rm)ttori,&^ the lastknown address of

Donna Gail Andrews is and that me pending settings and

deadlines in the case are as follows:

4

None.

IT IS THEREFORE ORDERED mat Kimberly Ashby is permitted to withdraw as

counsel ofrecord for Donna Gail Andrews in this case.

The Court finds that the lastknown mailing address of Donna Gafl Andrewsis

and ORDERS that all notices in this case shall be either delivered to

DonnaGail Andrews in personor sent to DonnaGail Andrews at that addressby bom certified

and regularfirst-class mail.

The Court orders that Kimberly Ashby immediately notify Donna Gail Andrews in

writing ofany additional settings or deadlines ofwhich Kimberly Ashby now has knowledge and has not already notified Donna Gail Andrews. The Court further orders Kimberly Ashby to make available to Donna Gail Andrews, not later than 30 days after the date of entry of this order, the originals ofall of Donna Gail Andrews's discovery responses and documents Donna Gail Andrewshas produced inresponse todiscovery requests.

JUDGE PRESIDING

I

Form Departmentofthe Treasury- Internal Revenue Service 1040A U.S. Individual Income Tax Return (99) 2013 IRS Use Only - Do not write or staple in this space.

OMB No. 1545-0074

Your social securit

DONNA G ANDREWS SHAINE C CAGLE Spouse's social security number

Make sure the SSN(s) above and on line 6c are correct.

Presidential Election Campaign Check here if you. or your spouse if filing jointly, want S3 to go to this fund. Checking Foreign country name Foreign province/state/county Foreign postal code a box below will notch ange your tax or ~|You I~] Spouse

i ii ^™"^ Filing Single 4 j Head ofhousehold (with qualifying person). (See instructions.) status Married filing jointly (even if only one had income) ! : Ifthequalrfying person is achild butnotyourdependent, .. . ,_, , : . -. enter this child's Check only Marriedfiling separately. Enter spouse sSSN above &full name name here. •• one box. here. > 5 {_ J Qualifying widow(er) with dependent child (see instructions) Exemptions 6a |x| Yourself. If someone can claim you as a dependent, do not check Boxes checked on «

box 6a. 6a and 6b 6.

b [x] Spouse No. of children (4)y/if child on 6c who:

c Dependents: (2) Dependent's social (3) Dependent's underage 17 • lived with If more than six security number relationship to you qualifying for you 1 child tax credit

dependents, see (1) First name Last name (see instr.) • did not live instructions.

SARAH CAGLE

with you due to

)AUGHTER

divorce or separation (see insts) Dependents on 6c not entered above Add numbers on lines

d Total number of exemptions claimed. above •

Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2. 24,147 Attach Form(s)W-2 8a Taxable interest. Attach Schedule B if required. 8a here. Also attach b Tax-exempt interest. Do not include on line 8a. 8b Form(s) 9a Ordinary dividends. Attach Schedule B if required. 9a 1099-R if tax b Qualified dividends (see instructions] 9b was withheld. 10 Capital gain distributions (see instructions). 10 11a IRA 11b Taxable amount If you did not distributions. 11a (see instructions). 11b get aW-2, see instructions.

12a Pensions and 12b Taxable amount annuities. 12a (see instructions). 12b 13 Unemployment compensation and Alaska Permanent Fund dividends. 13 14a Social security 14b Taxable amount benefits. 14a (see instructions). 14b

15 Add lines 7 through 14b (far right column). This is your total income. • 15 24 ,147.

Adjusted gross 16 Educator expenses (see instructions). 16 income 17 IRA deduction (see instructions). 17 18 Student loan interest deduction (see instructions). 18

19 Tuition and fees. Attach Form 8917. 19 20 Add lines 16 through 19. These are your total adjustments. 20

21 Subtract line 20 from line 15. This is your adjusted gross income. • 21 24,147.

KBA For Disclosure, Privacy Act,and Paperwork Reduction Act Notice,see separate instructions. Form 1040A(2013)

1040A(2013) FD1040A-1V1.18

Form1040A(2013) DONNA G ANDREWS & SHAINE C CAGLE Tax, credits, 22 Enter the amount from line 21 (adjusted gross income). 22 24,147. and 23a Check Youwereborn before January 2,1949, Blind ^Totalboxes payments if: I | Spouse was bornbeforeJanuary2,1949, Blind checked > 23a •-..'•<?,

Standard b Ifyou are married filing separately and your spouse itemizes Deduction fordeductions , check here • 23b n • People who 24 Enter your standard deduction. 24 12,200. check any 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter- 0-. 25 11,947. box on line 23a or 23b 26 Exemptions. Multiply $3,900 by the number on line 6d. 26 11,700.

orwhocan 27 Subtract line 26 from line 25. If line 26 is more than line 25, enter - 0-. be claimed as This is yourtaxable income. • 27 247.

a dependent, see instr. 28 Tax, includinq any alternative minimum tax (see instructions). 28 24. »All others: 29 Creditfor child and dependent care expenses. Attach Form 2441. 29 Single or Married filing 30 Credit for the elderly or the disabled. Attach separately, Schedule R. 30 56,100 Married filing 31 Education credits from Form 8863, line 19. 31 jointly or 32 Retirement savinqs contributions credit. Attach Form 8880. 32 Qualifying widow(ef), 33 Child tax credit.Attach Sch 8812, if required. 33 24. $12,200 34 Add lines 29 through 33. These are your total credits. 34 24 Head of household, 35 Subtract line 34 from line 28. Ifline 34 is more than line 28, enter - 0-. This is I S8.950 your total tax. 35

36 Federal income tax withheld from Forms W- 2 and 1099. 36 915. 37 2013estimated tax paymentsand amount -

Ifyou have applied from 2012 return. 37 . . a qualifying 38a Earned income credit (EIC). 38a 3,050.

Schedule EIC b Nontaxable combat pay election. 38b 39 Additional child tax credit. Attach Schedule 8812. 39 976. 40 American opportunity credit from Form 8863, line 8. 40

41 Add lines 36.37,38a, 39. and 40. These are your total payments. E> 41 4,941 42 Ifline 41 is more than line 35, subtract line 35 from line 41.

Refund Thisisthe amount you overpaid. 42 4,941 Direct 43a Amou nt of line 42 you want refunded to you. IfForm 8888 is attached, check here 43a 4,941 deposit? • b Routing See instructions and fill in number * c Type: [xj Checking |_J Savings 43b, 43c. • d Account and 43d or number Form 8888.

44 Amountof line42 you want applied toyour 2014estimatedtax. 44 45 Amount you owe. Subtract line 41 from line 35. For details on how Amount to pay, see instructions. > 45 you owe 46 Estimated tax penalty (see instructions). 46

Third party DoyouwanttoallowanotherpersontodiscussthisreturnwiththeIRS (see instructions)? | j Yes. Complete the following. |xl No Designee's name « Phone no. Personal ID number designee • • (PIN)* Under penalties of perjury. Ideclare that Ihave examined this return and accompanying schedules and statements, and to the best of my Sign knowledge and belief, they are true, correct, and accurately list allamounts and sources of income I received during the tax year. Declaration of preparer (other than the taxpayer) is based on all information of which the preparer has any knowledge.

here Joint return? Your signature ' Date Your occupation Daytime phone number See instructions. For Info Only-Do not filel CLAW ENFORCEMENT Keep a copy If the IRS sent you an ID Protection for your Spouse's signature. Ifa joint return, both must sign. Date Spouse's occupation PIN. enter it here (see inst.) records. For Info Only-Do not filel [UNEMPLOYED Paid Print/type preparer's name Preparer's signature Date Check >[_\ rf PTIN

preparer MICHELLE WOLFE 03/21/2014 self-employed P01756645 Firm's name* H AND R BLOCK Firm'sEINfr XX-XXXXXXX use only Firm's address > MARBLE FALLS, TX 78 654 Phoneno. (830) 693-4962 Form 1040A (2013)

1040^(2013^ FD1040A-2V1.18

DR 8453 (10/17/13) COLORADO DEPARTMENT OF REVENUE 138453 11029 DENVER CO 80261-0005 www.TaxColorado.com

State of Colorado Individual Income Tax Declaration for Electronic Filing Do not mail this form to the IRS or the Colorado Department of Revenue Submission ID

Retain with your records 740527

Taxpayer Last Name Taxpayer First Name iidclle Initial SSN ANDREWS DONNA 6 Spouse Last Name (If Joint Return] Spouse First Name(lf Joint Return) Middle Initial SSN CAGLE SHAINE C Street Address Phone Number 512)

State ZIP

BURNET TX 78611 Part I - Tax Return Information 1. Total Income, line 22 from your federal form 1040, line 15 on form 1040A, or line 4 on form 1040EZ 24,147 2. Taxable Income, line 43 on federal form 1040, line 27 on form 1040A, line 6 on form 1040EZ 247

3. Colorado Tax, line 19 on Colorado form 104 12

4. Colorado Tax Withheld, line 26 on Colorado form 104 425

5. Refund, line 53 Colorado form 104 413

6. Amount You Owe, line 58 on Colorado form 104 Part II - Declaration of Taxpayer"

Under penalties of perjun/, ! declare that the information I have provided for electronic filing and the amounts shown in Part I above agree with the amounts shown on my 2013 Federal/Colorado income tax returns, and that said tax returns, statements, schedules and attachments are true, correct, and complete to the best of my knowledge and belief. I understand that I (or my Electronic Return Originator (ERO) if applicable) may be required to provide paper copies of this declaration, my returns, withholding statements, schedules, and attachments upon request by the Colorado Department of Revenue at any time during the period covered by the Colorado statute of limitations. Signature Date (MM/DD/YY)

Spouse's Signature, (IfJoint Return, Both Must Sign Date (MM/DD/YY)

Part III • Declaration of bRQ/Preparer/Transmitter If the transmitter did not prepare the tax return, check here If I am not the preparer, I declare only that the amounts shown in Part I above agree with the amounts shown on the taxpayer's 2013 Federal/Colorado income tax returns. If I am the preparer, under penalties of perjury I declare that I have reviewed the above taxpayer's 2013 Federal/Colorado income tax returns and that the information provided to me by the taxpayer and the amounts shown in Part I above agree with the amounts shown on said tax returns, and that said tax returns, statements, schedules, and attachments are true, correct and complete to the best of my knowledge and belief. As preparer, I further declare that I have obtained the taxpayer's signature on this form at the time of filing and have provided the taxpayer with copies of all forms and information filed. I also agree to maintain this signed Form (DR 8453) for the period covered by the Colorado statute of limitations, and to provide paper copies of this declaration, said returns, withholding statements, schedules and attachments upon request by the Colorado Department of Revenue at any time during this period. ERO's Signature Preparer Identification No.

YEEEMju

Check ifalso preparer or Your SSN

P01756645

DR-8453 (2013) C08453-1V1.61

DDinnitv »<*"

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