1 

### 14-14-00947-CV

IN THE FOURTEENTH COURT OF APPEALS,

HARRIS COUNTY TEXAS

MARIANN BACHARACH, Appellant

V.
JOHN DOE, Appellee
Appeal from County Court at Law N umber Two, Harris County, Texa s

APPELLEE’S RESPONSE TO APPE LLANT’S MOTION TO CONTESTING

ABILITY TO PAY COSTS

Eric Dick

Texas Bar No. 24064316

4325 Tulsa

Houston, Texas 77092
Tel. (832)207-2007
Fax (713)893-6931 ACCEPTED 14-14-00947CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 2/11/2015 4:10:33 PM CHRISTOPHER PRINE

CLERK2 

### TO THE HONORABLE FOURTE ENTH COURT OF APPEALS:
COMES NOW, Appellee, John Doe, and advises this Court that the
Appellate, Mariann Bacharach, aga in is being less than candid w ith the court and
again has left out income inform ation from her affidavits and f rom her current
court filings. Appellant is gaming the trial Court and th e Appellate Court as a
result of her previous professi onal litigant experience. Please note the attached

Motion that she has filed in the 13 th 

### Court of Appeals that was filed on today’s
date, February 11, 2015. Attached see Appellant’s motion as Exh ibit 1. She is now
claiming to earn approximately $1,100.00 while working at a law office. Please
note that she has been working in this office since January 13, 2015 and has failed
to advise the Court of any of t hose resources. She has known th is all along and has

mislead the trial Court and th e Appellate Court by failing to d isclose employment

and income resources. She has conveniently now changed her pos ition that she
can afford appellate costs.

Respectfully submitted, By: /s/Eric Dick Eric Dick Texas Bar No. 24064316 4325 Tulsa Houston, Texas 77092 Tel. (832)207-2007 Fax (713)893-6931 eric@dicklawfirm.com3 CERTIFICATE OF SERVICE 

### I certify that on February 11, 2015, a true and correct copy of Appellee’s Response to Appellant’s Motion Contesting Ability to Pay Costs was served to each person listed below by the method indicated.

/s/Eric Dick Eric Dick



### Mariann Bacharach PO Box 8217 Houston, TX 77288

CMR No.: 7014 0510 0000 2483 945113

- 14

- 000693

- CV

IN THE FOURTEENTH CO URT OF APPEALS

HARRIS COUNTY , TEXAS

MARIANN BACHARACH,
Appellant,

V.

EUFEMIA GARCIA , Appellee.



## A PPELLANT 

## ’ S 

## M OTION FOR 

## E XTENSION

OF 

## T IME TO PAY COURT COSTS AND FURTHER REVIEW



### Mariann Bacharach

P.O. Box 8217

Houston Texas 77288

Pro se

832

- 352

- 5926
bacharachmariann@gmail.com

### TO THE HONORA BLE THIRTEENTH COURT OF APPEALS:

App ellant Mariann Bacharach files this Motion for Extension of Time to pay court

costs and respectfully shows Appellant is appealing from a appealable order signed by

the 3 89 th District Court of Hidalgo County Texas on October 22 , 2014 in the case styled

Eufemia Garcia v. Mariann Bacharach , cause no. C

- 5535

- 14

- H

. The deadl ine to pay fees for

the Appeal was February 9 th 2015

.
This extension of time is necessar y because Appellant Mariann Bacharach has
been unemployed and without self

- employment income since Spring of 2014 and has
only recently been able to secure some type of temporary part time employment

. The
Appellant M ariann Bacharach had fil ed a A ffidavit of Indigency , a supporting Affidavit
of Indigen cy , an Affidavit explaining self

- employment income and supporting documents

with the trial court and a conte st had been sustained. Appellant Mariann Bacharach is
resident of Harris County Texas did not hav e the funds to travel to a distant local
, Hidalgo County Tex as, for a hearing regarding indigency on short notice . H er affidavits,
supporting documents and previous statements regarding inability to even hire a lawyer
were not considered by the court. Appellan t Mariann Bacharach had informed the court
repeatedly in her p leadings and in a previous hearing that she cannot afford an attorney
and cannot afford to travel while defending herself in two similar causes of action
, let
alone pay for all costs related to this lawsuit and appeal while bein g dogpiled.

The A ppellant Mariann B acharach ’ s financial situa tion has changed since the
filing of her first affidavit w ith the court in December of 2014 an d she requests theHonorable T hirteenth Court of Appeals review her current income to determine ability to

pay costs . Mariann Bacharach has been employed by the l aw office of Trent Gaither
temporarily part time since 01/13/2015 and can currently pay partial costs associated with
this appeal and two o ther appeals currentl y pending with fees due in the Fourteenth Court
of Appeals.
The Appellant Mariann Bacharach expects to be paid for this work on 2/13/2015

and anticipates having in between $900.00 to $1,100 for this work. The Appellant

Mariann Bacharach d o es not currently have any suppor ting documents regarding this
income since she has yet to be paid but will submit to the court by 02 / 16/2015 proof of
this income and other supporting documents. Appellant M ariann Bacharach apologizes
for making this reque st without supporting docum ents however these documents are not
yet availa ble. The Appellant Mariann Bacharach relies on the following rule for this

extension and review to b e granted pursuant to T EX

. R. A PP

. P. Rule 20 .1 (I) (20) (k)
Partial Payment of Costs

. If the party can pay or give security for some of the costs, the court must order
the party, in writing, to pay or give security, or both, to the extent of the party's ability.

The court will allocate the payment among the officials to whom payment is due.

This extension of time to pay costs and for further review of ability to pay costs is
not sought for the purposes of delay, but so that justice may be done.Al l facts recited in this motion are within the personal knowledge of the pro se

Appellant Mariann Bacharach signing this motion, therefore no verification is necessary
under Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For these reasons, Appellant Mariann B acharach respectfully requests that the
Court grant this motion and extend the deadline to pay court costs until February 23,

20 15 or until partial costs can be determined by the court. Appellant respectfully further
requests the Honorable Thirteenth Court of Appeals allow the Appellant M ariann

Bacharach to pay partia l costs of this Appea l to be determined by the court and all ot her
relief to which Appellant may be justly entitled.

Respectfully submitted,

______ /s/ mariann bacharach/

____ P.O. Box 8217

Houston Texas 77288

832

- 352

- 5926
bacharachmariann@gmail.com
AppellantThe above signed is unable to notify opposing counsel other than via certified mail

or eFile as opposing counsel refuses to communicate via email, fax or telephone with

Mariann Bacharach . Counsel for the Appellee will more than likely oppose this motion

C ERTIFICATE OF C ONFERENCE
I certify that I conferred wit h counsel for Appellee regarding this motion via eFile.
Appellee may be opposed to this motion.

/s/ mariann bacharach/

C ERTIFICATE OF S ERVICE
I certify that on 12/28/2014 I mailed a copy of this motion to the following
counsel by First Class U.S. Mail or eFile notification.

Chris Carmona P. O. Box 90014 Houston Texas 77290 chris@carmonalawoffice.com Counsel for Appellee

/ s/ mariann bacharach/