in the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon, and in the Interest of Ashley Lynn Dixon, a Child ( 2015 )

No. 12-15-00080-CV IN THE COURT OF APPEALS FOR THE TWELFTH SUPREME JUDICIAL DISTRICT OF TEXAS IN THE MATTER OF THE MARRIAGE OF EDSEL AMOS DIXON AND HEATHER D. DIXON AND IN THE INTEREST OF ASHLEY LYNN DIXON, A CHILD FILED IN COURT OFAPPEALS On Appeal from the 12th Court of Appeals District 354th Judicial District Cour 1A4F of Rains County, Texas lib In Cause No. 9544 RTEXAS CATHY S. LUSK REQUEST FOR EXTENSION OF TIME TO FILE REPORTER'S TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: NOW COMES EDSEL AMOS DIXON, Appellant herein, and files this Request for Extension of Time to File Reporter's Records and would show the Court as follows: 1. On March 31, 2015 Appellant received the attached Exhibit "A" from Michael Hurley, CSR in reference to the cost of reporter's record for the hearing of June 13, 2014. In response, Appellant requested on April 9, 2015 the attached Exhibit "B" sent certified mail return receipt received and attached as Exhibit "C". Appellant requested that further reporter's records be prepared and requested the fee for preparing these records so that payment can be made promptly. Appellant further requested that if the reporter's record could not be completed on time that a notice be given to the appellate court clerk of estimated time of completion and that appellant receive a copy of the notice. No notice of cost or inability to complete such record's in time was ever received by Appellant or Appellate court clerk. No attempts to contact the Appellant have been made and the Appellant's request has gone unanswered. 3. On May 11, 2015 Appellant received from the clerk, Cathy S. Lusk , notice that Ms. Vrooman's request for an extension of time to file said record states that the reason for any delay in filing the record is due to non-payment of the required preparation fee, Exhibit "D". Appellant's request for the cost of such records at that time had gone unanswered. Numerous attempts to contact Ms Vrooman have failed. Appellant has left four messages at Ms Vrooman's office phone number of (903)408-4108 in regards to these records, with no return call as of the date of this filing. 4. On May 14, 2015 Appellant received the attached Exhibit "E" from Ms Vrooman, stating the cost of her portions of the reporter's record to be filed and that payment must be received by May 18, 2015. This being the first time Ms Vrooman has made contact with the Appellant and notified Appellant of cost that he requested over a month prior. Appellant once again has attempted to contact Ms Vrooman to make payment arrangements by phone in order to meet the deadline that she has requested with no return call received. If Appellant was to mail a check to Ms Vrooman on the day she notified Appellant of cost, it would not make her deadline of just 4 days to make payment. Two of those days falling on a weekend. 5. This court has advised that pursuant to Tex. R. App. P. 37.3(c), that the appeal will be submitted on the clerk's record alone ( without a reporter's record), unless proof of full payment to the reporter is provided to this Court no later than May 21, 2015. Appellant would respectfully request pursuant to Tex. R. App. P. 35.3(b) and(c) that this court extend such deadline of May 21, 2015, not to exceed 30 days, so that a cost of the records requested by Appellant can be received. Appellant has made several attempts at receiving a cost of reporters records requested, through no fault of his own, those requested have gone unanswered. 7. Appellant would further request that a cost of the reporter's records that was requested in the correspondence on April 9, 2015 (Exhibit "B") be immediately submitted to the Appellant so that he can make prompt payment for such records. 8. This Request is not made for delay, but rather so that Appellant may have the opportunity to submit the reporter's records for this appeal. 9. This being the first request for an extension of time. Wherefore premises considered, Appellant requests that this Court grant this request and extend such deadline to receive proof of full payment to the reporter to no later than June 21,2015. Respectfully Submitted, Edsel Amos Dixon Pro Se Litigant 732 Weddle Dr. Grapevine, TX 76051 682-301-0592 eddixon903@gmail.com Certificate of Service I certify that a true copy of the foregoing Request was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Heather D. Dixon Lead Attorney: Craig Black 2510 Lee Street Greenville, TX 75402 Method of Service: Certified Mail Date of Service: May 18, 2015 Edsel A Dixon Pro Se Litigant \ I I \ £M\M A MICHAEL HURLEY. CSR 1330 MACKIE DRIVE * RICHARDSON, TX 75081 * 214-226-2547 March 31, 2015 Mr. Edsel Amos Dixon 732 Weddle Dr. Grapevine, TX 76051 Re: In The Matter Of The Marriage Of Heather Denice Dixon And Edsel Amos Dixon In The Interest Of Ashley Lynn Dixon, Minor Child Cause No. 9.54 4 Dear Mr. Dixon I received your Notice of Appeal yesterday. The cost for the reporter's record for the hearing of June 13, 2014 will be $175.00. After receiving your payment I will forward the record to the Court of Appeals. If you have any questions or if I can be any further service, please don't hesitate to call. Sincerely Michael Hurley 1330 Mackie Dr. Richardson, TX 75081 cc: Craig Black //_\\ EDSEL A DIXON (Pro Se Litigant) 732 Weddle Dr. Grapevine, Texas 76051 682-301-0592 April 7,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mike Hurley 1330 Mackie Drive Richardson, Texas 75081 RE: Twelfth Court ofAppeals Cause No. 12-15-00080-CV Trial Court Cause No. 9544 In the Matter ofthe Marriage ofEdsel Amos Dixon and Heather D. Dixon and In the Interest ofAshley Lynn Dixon, A Child In the 354th Judicial District CourtofRains County, Texas Dear Mr. Hurley: Appellant, Edsel Amos Dixon, intends to appeal from the Final Decree of Divorce signed on January 23, 2015 to the Twelfth Court of Appeals in Tyler. Accordingly, I am requesting that you prepare an original and one copy, with ASCII disks, of the reporter's records with exhibits, for the following: Trial held on June 13,2014 Trial held on November 14, 2014 Trial held on January 23, 2015 Trial held on March 13, 2015 Please advise me immediately if you encounter problems with the preparation of this record, including the loss or inaudibility of any testimony or argument or the loss of any exhibits admitted or excluded. If, in preparing the reporter's record, you have original exhibits that cannot be released to the court of appeals without an order from the trial court, please advise me immediately, and I will submit the appropriate motion and order to the trial court for consideration. Please contact me on receipt of this letter to discuss the anticipated preparation time you will require. Once the reporter's record is completed, please let me know the fee for the preparation of this record, and I will make prompt arrangements for payment of that amount. The reporter's record must be filed with the court of appeals on or before April 30, 2015. If you are unable to complete the reporter's record in time to file it as required, please notify the appellate court clerk of your estimate of when the record will be filed and send me a copy of your notice to the clerk. By copy of this letter, I am notifying all other parties through their counsel of record of this request. I will also file the original of this letter with the clerk of this Court. If you have any questions, please feel free to call me. Thank you in advance for your cooperation and assistance with this matter. Sincerely ^Z> EDSEL A DIXON ( Pro Se Litigant) / vSENDERileOA^ilE^m/S SHC770W C0MPLETE;THIS:SECTI0NX>N DELIVERY. • Complete items 1,2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. D Agent • Print your name and address on the reverse X • Addressee so that we can return the card to you. C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Isdelivery addressdifferent from item 1? • Yes 1. Article Addressed to: IfYES, enterdelivery address below: d No 3. Service Type*" • Certified Mail® • Priority Maii Express™ •^Registered • Return Receipt for Merchandise • Insured Mail • Collect on Delivery 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number; (Transfer from'service label) Z01H 51ED DDE]? 7E33 336b PS Form3811, July 2013 Domestic Return Receipt ^ —=. O 'y o :Ui+ "D Chief Justice ^W`` \^ Clerk James T.Worthen "=s=s" Cathy S.Lusk Twelfth Court of Appeals Justices Chief Staff Attorney Brian Hoyle Margaret Hussey Greg Neeley May 11,2015 Edsel Amos Dixon Mr. Henry C. Black 732 Weddle Drive 2510 Lee Street Grapevine, TX 76051 Greenville, TX 75402 * DELIVERED VIA E-MAIL * RE: Case Number: 12-15-00080-CV Trial Court Case Number: 9544 Style: In the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon, and in the Interest of Ashley Lynn Dixon, a child The reporter's record in the above-styled and numbered case was due to be filed on or before May 22, 2015. Pursuant to Tex. R. App. P. 37.3(c), you are notified that Ms. Julie Vrooman's request for an extension of time to file said record states that the reason for any delay in filing the record is due to non-payment of the required preparation fee. You are further advised pursuant to Tex. R. App. P. 37.3(c), that the appeal will be submitted on the clerk's record alone (without a reporter's record), unless proof of full payment to the reporter is provided to this Court no later than May 21, 2015. Very truly yours, CATHY S. LUSK, CLERK By: M^hu Katrina McClenny, Chief Deputv Clerk CC: Ms. Julie Vrooman (DELIVERED VIA E-MAIL) 1517 West Front Street • Suite354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax:903-593-2193 Serving Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandtand Wood Counties http://www.txcourts.gov/12thcoa.aspx \N VmV> iV "£ JULIE VROOMAN t=^ DONNA MEEKS COURT REPORTER COURT ADMINISTRATOR 903/408-4108 903/408-4194 RICHARD A. BEACOM, JR. DISTRICT JUDGE 354TH JUDICIAL DISTRICT OF TEXAS HUNT AND RAINS COUNTY P.O. BOX 1097 GREENVILLE, TEXAS 75403-1097 (903)408-4194 May 11, 2015 Edsel Amos Dixon 732 Weddle Drive Grapevine, Texas 76051 RE: Appellate Case No. 12-15-00080-CV Trial Court Case No. 9544 Style: In the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon And In the Interest of Ashley Lynn Dixon, a child I received Notice of Appeal in the above referenced case on March 25, 2015. Since that time, you filed an affidavit of inability to pay costs, which was contested and denied. In order for my portions of the Reporter's Record to be filed with the Twelfth Court of Appeals, I will need to receive payment from you for the Record by May 18, 2015. The amount to be paid is $275.00. If payment is not received, the Reporter's Record will not be filed in this case with the Twelfth Court of Appeals. Please make check payable to Julie Vrooman and mail to Julie Vrooman, 354th District Court, Post Office Box 1097, Greenville, Texas 75403-1097. Should you have any questions, you may contact my office at (903)408-4108. June C. Vrooman 4th Official Reporter