Theresa Stumon v. Chance Oliver HSBC Bank USA, National Association as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2005-RM1, Lisle Patton J. Meek Antwyn Berry and / or All Occupants ( 2019 )

Order entered December 18, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01155-CV
THERESA STUMON, Appellant
V.
CHANCE OLIVER, ET AL., Appellees
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-10279
ORDER
Before the Court is appellant’s December 13, 2019 “third amendment motion to
reinstate.” The sixty-nine page document, which includes a “second amended pleading motion
in title claim,” asserts “causes of action” and “verified defenses,” moves to strike certain
documents not before the Court, and requests appellant be entitled to proceed without payment
of costs.
To the extent appellant seeks to proceed without payment of costs, we GRANT the
motion as it pertains to appellate court filing fees. See TEX. R. APP. P. 20.1(a). Fees charged by
the trial court clerk or court reporter for the preparation of the appellate record are governed by
Texas Rule of Civil Procedure 145. See id. 20.1(a); TEX. R. CIV. P. 145. To the extent appellant
seeks any other relief, we DENY the motion.
We note appellant has filed her brief even though the clerk’s record has not been filed.
We further note appellant has twice been directed to provide written verification that she has
paid or made arrangements to pay for the clerk’s record or is entitled to proceed without payment
of costs, but has not complied either time. Although she has been cautioned that failure to
provide the requested verification could result in dismissal of the appeal, we do not dismiss the
appeal at this time to the extent appellant may believe her request to be allowed to proceed
without payment costs in her motion complied with the directives. To afford appellant an
opportunity to proceed as indigent under rule of civil procedure 145 for purposes of having the
clerk’s record filed without payment of the clerk’s fee, we ORDER appellant to file the
requested verification no later than January 7, 2020. We caution that failure to comply will
result in dismissal of the appeal without further notice. See TEX. R. APP. P. 37.3(b), 42.3(b),(c).
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE