### June 19, 2015 

### Mr. Jeffrey D. Kyle, Clerk Court of Appeals Third District ofTexas 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£^'
Iam in receipt ofyour letter dated June 17, 2015, advising that an Appellee's briefwas overdue in the matter referenced above. I did not receive this letter until June 18, 2015, because the court was incorrectly sending it to myformer Counsel ofRecord.
Please note the attached Motion for Withdrawal ofCounsel, 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 perhourto respondto the Appellant'scorrespondence. Henceforth, I will be advocating on my own behalf, and encourage the court to please send allfuture correspondence to my attention at P.O. Box 1294, Burnet, Texas, 78611. 

### The matter ofthe marriage ofDonna 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 Ipraythat the court will dismiss this appeal forfailure 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 ofthe 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. Iagain 

## respectfully ask that the court dismiss this motion, in this case for failure to properly or adequately briefthe issue. 

## Regarding the Appellant'sclaim of 'fraudulentfiling of 2013tax return for financial gain', Iappeal 

## to the court to reviewthe attached copy ofsaid return. This tax return wasfiled on my behalf

### under the counsel and guidance ofMs. 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'. Ihave contacted the Internal Revenue Service and asked them for an opinion on this matter. Ifit is necessary tofile an amended return as 'Single' status, Iwill do so; any additional taxes or fees will be settled between myselfand 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 offmy income for the entire duration ofthe marriage. At the time ofthe Appellant'sfelony and resultant arrest, my daughter and Iwere stranded on the side ofthe 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, Irespectfully request that the Court dismiss the Appellant's motion in this 

### case. Ialso request that the court award any other reliefit 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 ofMotion for Withdrawal ofCounsel 3) Donna G. Andrews 1040A 2013 Tax Return 

### 4) State ofColorado Individual Income Tax Declaration for Electronic Filing, 2013

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

JEFF L. ROSE, CHIEF JUSTICE DAVID PURYEAR, JUSTICE BOB PEMBERTON, JUSTICE MELISSA GOODWIN, JUSTICE SCOTT K. FIELD, JUSTICE CINDY OLSONBOURLAND, JUSTICE JEFFREY D. KYLE, CLERK



### 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 brief was due in this Court onJune 1,2015and is overdue. See Tex. R. App. P. 

## 38.6(b). Ifthis Court does notreceive asatisfactory response to this notice from appellee's counsel on orbefore Monday.June 29.2015. thiscause will be submitted on appellant's brief alone.

cc: Mr. Shaine Carl Cagle 

### Very truly yours, JEFFREY D. KYLE, CLERK

BY: 

## g£ Amy Strother, Deputy Clerk

### NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

IN THE MATTER OF THE MARRIAGE OF
DONNA GAILANDREWS 

### AND SHANE CARL CAGLE
AND IN THE INTEREST OF 

### S.L.C,ACHILD NO. 42697 

### § INTHE COUNTY COURT AT LAW § 

### §

§ BURNET COUNTY, TEXAS ORDER ONMOTION FOR WITHDRAWAL OF COUNSEL ff 

### %° 

### Oafl^^btrH . the Courtconsidered the Motion forWithdrawal of Counselof 

### KimberlyAshby. The Court findsthatgoodcause exists forwithdrawal of KimberlyAshbyascounsel 

## The Courtfinds that a copyofthe Motion for Withdrawal ofCounsel was delivered to Donna Oail Andrews,thatDonna Gail Andrewswas notifiedin writingof the right to objectto themotion,matDonna Gail Andrewshasconsented to me rm)ttori,&^the lastknownaddress 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 of recordfor Donna Gail Andrews in this case. 

## The Court findsthatthe lastknownmailing address of Donna Gafl Andrewsis and ORDERS that all notices in this case shallbe eitherdelivered to DonnaGail Andrews in personor sent to DonnaGail Andrews at that addressby bom certified and regular first-class mail.

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

# writingof anyadditional settings ordeadlines of which KimberlyAshbynowhasknowledge 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 ofentry ofthis 

# order, the originals of all of Donna Gail Andrews's discovery responses and documents Donna GailAndrewshasproducedinresponse todiscovery requests.

JUDGE PRESIDINGI 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 Spouse's social security number DONNA G ANDREWS SHAINE C CAGLE
Make sure the SSN(s) above and on line 6c are correct.
Foreign country name Foreign province/state/county Foreign postal code Presidential Election Campaign Check here if you. or your spouse if filing jointly, want S3 to go to this fund. Checking a box below will notch ange your tax or 

### ~|You I~] Spouse Filing status Check only one box. i ii ^TM"^ 

### Single 4 j Head of household (with qualifying person). (Seeinstructions.) 

## Married filingjointly (even ifonlyonehad income) ! : Ifthequalrfying person is achild butnotyourdependent,

.. . ,_, , : . -. enterthis child's Marriedfiling separately. Enter spouse sSSN above &full name name here. •• here. > 

## 5 {_J Qualifyingwidow(er) with dependentchild (see instructions) Exemptions 6a |x| Yourself. If someone can claim you as a dependent, do not check box 6a. 

## b [x] Spouse Boxes checked on « 6a and 6b 6. No. ofchildren on 6c who:

• lived with you 1

••• did not live with you due to divorce or separation (see insts) Dependents on 6c not entered above Add numbers on lines above • If more than six dependents, see instructions.

Income

Attach Form(s)W-2 here. Also attach Form(s) 1099-R if tax
was withheld.

If you did not get aW-2, see instructions. c Dependents: (1) First name Last name (2) Dependent's social security number
SARAH CAGLE

d Total number of exemptions claimed. 7 Wages, salaries, tips, etc. Attach Form(s) W-2. 8a Taxable interest. Attach Schedule B if required.

b Tax-exempt interest. Do not include on line 8a. 8b 

### 9a Ordinary dividends. Attach Schedule B if required.

b Qualified dividends (see instructions] 9b (3) Dependent's relationship to you )AUGHTER (4)y/if child underage 17 qualifying for child tax credit

(see instr.)

8a
9a 24,147

10 Capital gain distributions (see instructions). 10 11a IRA distributions. 11a 11b Taxable amount (see instructions). 11b 12a Pensions and annuities. 12a 12b Taxable amount (see instructions). 12b 13 Unemployment compensation and Alaska Permanent Fund dividends. 

### 14a Social security benefits. 14a 14b Taxable amount (see instructions). 13
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-1V1.18Form1040A(2013) DONNA G ANDREWS & SHAINE C CAGLE Tax, credits, and payments 22 Enter the amount from line 21 (adjusted gross income). 23a Check if: 

### Youwereborn before January 2,1949, Blind ^Totalboxes I | Spouse was bornbeforeJanuary2,1949, Blind checked > 23a 22 24,147.

•-..'•<?, Standard Deduction for-

• People who check any box on line 23a or 23b orwhocan be claimed as a dependent, see instr. »All others: Single or Married filing separately, 56,100 Married filing jointly or Qualifying widow(ef), $12,200 Head of household, I S8.950 b Ifyou are married filing separately and your spouse itemizes deductions, check here • 23b 

## n 24 Enter your standard deduction. 24 12,200. 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter- 0-. 25 11,947. 26 Exemptions. Multiply $3,900 by the number on line 6d. 26 11,700. 27 Subtract line 26 from line 25. If line 26 is more than line 25, enter

- 0-. This is yourtaxable income. • 27 247. 28 Tax, includinq any alternative minimum tax (see instructions). 28 24. 29 Creditfor child and dependent care expenses. Attach Form 2441. 29 30 Creditfor the elderly or the disabled. Attach Schedule R. 30 31 Education credits from Form 8863, line 19. 31 32 Retirement savinqs contributions credit. Attach Form 8880. 32 33 Child tax credit.Attach Sch 8812, ifrequired. 33 24. 34 Add lines 29 through 33. These are your total credits. 35 Subtract line 34 from line 28. Ifline 34 is more than line 28, enter

- 0-. This is your total tax. 36 Federal income tax withheld from Forms W- 2 and 1099. 36 915. 37 2013estimated tax paymentsand amount applied from 2012 return. 37

. . - Ifyou have a qualifying 38a Earned income credit (EIC). 38a 3,050. Schedule EIC b Nontaxable combat payelection. 38b 39 Additional child tax credit. Attach Schedule 8812. 39 976. 40 American opportunity credit from Form 8863, line 8. 40 34 24

35

41 Add lines 36.37,38a, 39. and 40. These are yourtotal payments. E> 41 4,941 Refund

Direct deposit? See instructions and fill in 43b, 43c. and 43d or Form 8888.

Amount you owe Third party designee 

### Sign here Joint return? See instructions. Keep a copy for your records. 42 Ifline 41 is more than line 35, subtract line 35 from line 41. Thisisthe amount you overpaid. 43a Amou nt of line 42 you want refunded to you. IfForm 8888 is attached, check here • b Routing number • d Account number 44 Amountof line42youwant applied toyour 2014estimatedtax. 44 45 Amount you owe. Subtract line 41 from line 35. For details on how to pay, see instructions. 46 Estimated tax penalty (seeinstructions). 

### * c Type: [xj Checking |_J Savings

46 42 4,941 43a 4,941

> 45 

### DoyouwanttoallowanotherpersontodiscussthisreturnwiththeIRS (seeinstructions)? | j Yes. Completethe following. |xl No Designee's name « Phone no. Personal ID number

• • (PIN)* Under penalties of perjury. Ideclare that Ihave examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and accurately list allamounts and sources of income Ireceived during the tax year. Declaration of preparer (other than the taxpayer) is based on all information of which the preparer has any knowledge. Your signature ' For Info Only-Do not filel Spouse's signature. Ifa joint return, both must sign. For Info Only-Do not filel Date
Date Your occupation CLAW ENFORCEMENT Spouse's occupation [UNEMPLOYED Daytime phone number

If the IRS sent you an ID Protection PIN. enter it here (see inst.)
Paid preparer use only Print/type preparer's name MICHELLE WOLFE Preparer's signature Date 03/21/2014 

### Check >[_\ rf self-employed PTIN P01756645 Firm's name* H AND R BLOCK Firm's address > MARBLE FALLS, TX 78 654

1040^(2013^ FD1040A-2V1.18 Firm'sEINfr 75-2945625 Phoneno. (830) 693-4962 Form 1040A (2013)DR 8453 (10/17/13) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261-0005 www.TaxColorado.com 138453 11029



### State of Colorado Individual 

# Income Tax Declaration for Electronic Filing Do not mail this form to the IRS or the 

### Colorado Department of Revenue Retain with your records Submission ID 740527 

### Taxpayer Last Name

ANDREWS 

### Spouse Last Name (If Joint Return]

CAGLE Street Address

BURNET 

### Taxpayer First Name DONNA 

### Spouse First Name(lf Joint Return) SHAINE

Part I - Tax Return Information iidclle Initial 6 Middle Initial C

State TX 

### 1. Total Income, line 22 from your federal form 1040, line 15 on form 1040A, or line 4

on form 1040EZ 

### 2. Taxable Income, line 43 on federal form 1040, line 27 on form 1040A, line 6 on form 1040EZ 3. Colorado Tax, line 19 on Colorado form 104 4. Colorado Tax Withheld, line 26 on Colorado form 104 5. Refund, line 53 Colorado form 104 

## 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. SSN
SSN
Phone Number 512) ZIP 78611

24,147

247

12
425
413

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 ofthis 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 Check ifalso preparer

DR-8453 (2013) 

# YEEEMju

C08453-1V1.61 Preparer Identification No. or Your SSN

P01756645UNITEDSTATESPOSTALSERVICE®USPSTRACKING#PLEASEPRESSFIRMLY~Zd>9114901230803070 358705Label228,January2008IPRIORITYForDomesticandInternationalUseMAILUNITEDSTATESPOSTALSERVICEFrom90&»C»3flH^.,(bw£rofmteiteTO90faoi9^H^..^^<®r1MDDinnitv»<*"UNITEDSTATESPOSTALSERVICE006787iU.S.POSTAGEPAIDBURNETTV"'"786ii'"JUN 20,15AMOUNT$5.7500064847-07