Colleen Dickinson v. Bruce Dana Hardesty ( 2015 )

June 30, 2015
NO: 03-15-00010-CV
THIRD COURT OF APPEALS at AUSTIN, TEXAS
IN THE MATTER OF THE MARRIAGE OF:
COLLEEN DICKINSON [formerly HARDESTY], Appellant
AND
BRUCE DANA HARDESTY, Appellee
Appealed from the 353rd District Court, Travis County, Texas
(cause no: D-l-FM-13-006978, Hon. Orlinda Naranjo presiding)
APPELLANT'S VERIFIED MOTION TO REINSTATE
TO THE HONORABLE JUSTICES OF THIS COURT:
COMES NOW Appellant Colleen DICKINSON, files her Verified Motion
for Reinstatement, and, in support thereof, respectfully shows the following:
1. In the instant appeal, Appellant has a simple and straightforward argument: In a
Texas divorce, a disabled spouse has a right to Spousal Maintenance. In the trial of
this cause, the Trial Court made up a new rule with no basis in law: In a Texas
divorce, a disabled spouse (Appellant suffers from Lupus, Hypertension, and
Arrhythmia) has a right to Spousal Maintenance only if she became disabled
during marriage and has NO such right to Spousal Maintenance if she had apre
existing disabilitybefore marriage.
^302015
2. In order to show that the above-statement, however absurd, correctly reflects the
reasoning of the Trial Court, Appellant needs to obtain the transcript of the trial
proceedings from the Court Reporter, Ms. Dora CANIZALES.
3. Because Appellant is indigent (as described below) and because she will receive no
further compensation for her labor, Ms. Canizales is dragging her feet and not
transcribing the Trial proceedings. Despite multiple e-mails and several phone
calls from Appellant, Ms. Canizales only once responded to an e-mail (on April
21st, indicating that she will "CONTEST" Appellant's Affidavit of Indigency) and
did not return any phone calls to be able to schedule an Indigency Hearing.
4. Appellant used to receive $680.00 from SSI, $180.00 in SNAP (Food Stamps), and
used to pay $142.00 in rent (subsidized by the Housing Authority of the City of
Austin). Because Appellant has found a part-time job (10 hours/week for $186.00
per 2 weeks) and has truthfully declared her new income, she was penalized by [a]
the Social Security Administration (SSI reduced to $593.00), [b] the Housing
Authority (rent increased to $331.00), and the State of Texas (SNAP reduced to
$19.00, an almost 90% reduction). The 3 governments (federal, state, and city) are
basically telling Appellant that she should have either not worked, or worked off
the books, or lied to the government about her part-time work.
5. Besides this financial stress, Appellant is taking care of her 87-year-old Mother,
who has Dementia, and her 88-year-old Father, who is legally Blind. Because of
all this stress (the primary trigger of Lupus), Appellant herself was hospitalized 3
weeks ago for 3 days, and has since been treated on an outpatient basis (last
hospital visit on June 25th).
Prayer:
WHEREFORE, Appellant respectfully requests that:
a) The instant appeal be REINSTATED;
b) Court Reporter CANIZALES be ORDERED to promptly prepare the transcript of
the Trial; and
c) If Ms. Canizales so desires, she schedule a Hearing to Contest Appellant's
Indigency.
Respectfully submitted,
COLLEEN DICKINSON,
Appellant pro se
2422 Western Trail, # 303,
Austin, Texas 78745
512-663-6666
VERIFICATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
I swear under penalty of perjury that all the foregoing factual assertions are
within my personal knowledge and that they are truthful.
J? V i -/
Colleen Dickinson
SUBSCRIBED and SWORN before me, the undersigned authority, on this SO th day
of June, 2015.
Notary Public in and for
The State of Texas
Gm il colleen dickinson
Appeal
4 messages
colleen dickinson Mon, Apr 20, 2015 at 5:01 PM
To: dora.canizales@traviscountytx.gov
Dear Ms. Canizales,
Iam appealing Judge Naranjo's Divorce Decree in Hardesty v. Hardesty (cause no: 03-15-
006978)!
For this appeal, Ineed a transcript ofthe trial before Judge Naranjo, which took place on
August 2014.
I also have an Affidavit of Indigency on file. If a new Affidavit is needed, I can file a new
one.
Istill do not have the means to pay for the transcript! Iam living on a fixed disability income
of $502/month! Ialso receive food stamp assistance, which is only $16/month! Yes, $16 is
the correct amount!
Please let the Third Court ofAppeals know when the transcript could be ready.
Sincerely,
Colleen Dickinson, Respondent-Appellant
Dora Canizales Tue, Apr 21, 2015 at 12:58 PM
To: colleen dickinson
Ms. Dickinson:
Iwould inform you that Iwould contest your affidavit of indigence. Iwould set
for hearing in which you can present proof to a judge of your financial status. I
would request for the judge to make a determination if you are in fact indigent
and then proceed from there accordingly.
Sincerely,
Dora M. Canizales
Official Court Reporter
419th District Court
1000 Guadalupe, Room 325
Austin. Texas 78701
512-854-9329
From: colleen dickinson [mohadebe2024@gmail.com]
Sent Monday, April 20, 2015 5:01 PM
To: Dora Canizales
Subject: Appeal
(Quoted text hidden]
colleen dickinson Thu, Apr 30, 2015 at 11:31 AM
To: Derkuntlaw@yahoo.com
(Quoted text hidden]
Engin Derkunt Thu, Apr 30, 2015 at 12:50 PM
To: colleen dickinson
That's good.
Sent from my iPhone
(Quoted text hidden]
II colleen dickinson
i, V:•.<• v;|,
Copy of Transcript
1 message
colleen dickinson Sat, Jun 6, 2015 at 7:25 PM
To: dora.canizales@traviscountytx.gov
Dear Ms. Canizales,
Iam appealing Judge Naranjo's Divorce Decree in Hardesty v. Hardesty (cause no: D-1-FM-
14-xxxxxxx)!
For this appeal, I need a transcript of the trial before Judge Naranjo, which took place on
August xx, 2014.
I also have an Affidavit of Indigency on file. Ifa new Affidavit is needed, I can file a new
one.
Istill do not have the means to pay for the transcript! Iam living on a fixed disability income
of $502/month! Ialso receive food stamp assistance, which is only $16/month! Yes, $16 is
the correct amount!
Please let the Third Court of Appeals know when the transcript could be ready.
Sincerely,
Colleen Dickinson, Respondent-Appellant