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£^'

I am in receipt of your letter dated June 17, 2015, advising that an Appellee's brief was overdue

in the matter referenced above. I did not receive this letter until June 18, 2015, because the

court was incorrectly sending it to my former Counsel of Record.

Please note the attached Motion for Withdrawal of Counsel, 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, Iwill be advocating

on my own behalf, and encourage the court to please send all future correspondence to my

attention at P.O. Box 1294, Burnet, Texas, 78611.

The matter of the marriage of Donna 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 I praythat the court will dismiss this appeal for failure 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 of the court's decision he is appealing.

What, exactly, is being contested and upon what Index of Authorities isthe argument based? It

isthus impossible to provide a rejoinder in brief to contest such ambiguous statements. I again

respectfully ask that the court dismiss this motion, in this case for failure to properly or

adequately brief the issue.

Regarding the Appellant'sclaim of 'fraudulent filing of 2013tax return forfinancial gain', Iappeal

to the court to reviewthe attached copy of said return. This tax return was filed on my behalf
underthe counsel and guidance of Ms. 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'. I have contacted the Internal Revenue Service and asked them for an opinion on

this matter. Ifit is necessary to file an amended return as 'Single' status, Iwill do so; any additional

taxes or fees will be settled between myself and 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 off my income for the entire

duration ofthe marriage. At the time ofthe Appellant's felony and resultant arrest, my daughter

and Iwere stranded on the side of the 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. I also request that the court award any other relief it 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 of Motion for Withdrawal of Counsel

3) Donna G. Andrews 1040A 2013 Tax Return

4) State of Colorado 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 OLSON BOURLAND, 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 ofAppeals Number: 03-14-00636-CV

Trial Court Case Number: 42697

Style: Shaine Carl Cagle

v. Donna Gail Andrews

Dear Counsel:

Appellee's briefwas due in this Court onJune 1,2015 and is overdue. See Tex. R. App. P.

38.6(b). If this Court does notreceive a satisfactory response tothis notice from appellee's counsel

on orbefore Monday.June 29.2015.thiscause will be submitted on appellant's briefalone.

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 GAIL ANDREWS

AND

SHANE CARL CAGLE

AND IN THE INTEREST OF

S.L.C,ACHILD

NO. 42697

§ INTHE COUNTYCOURT ATLAW

§

§

§ BURNET COUNTY, TEXAS

ORDER ON MOTION FOR WITHDRAWAL OFCOUNSEL

ff %° Oafl^^btrH . the Court considered the Motion forWithdrawal ofCounselof

KimberlyAshby.

The Court findsthatgoodcause exists forwithdrawal ofKimberlyAshbyascounsel

The Court finds that a copyofthe Motion for Withdrawal ofCounsel was delivered to

Donna Oail Andrews,that Donna Gail Andrewswas notifiedin writingofthe right to objectto

themotion,matDonnaGail 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 ofrecord for Donna Gail Andrewsin this case.

The Court findsthatthe lastknownmailing address ofDonna 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 regularfirst-class mail.
The Court orders that Kimberly Ashby immediately notify Donna Gail Andrews in

writing ofany additional settings or deadlines ofwhich Kimberly Ashby now has knowledge 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 of entry of this

order, the originals ofall of Donna Gail Andrews's discovery responses and documents Donna

Gail Andrewshas produced inresponse todiscovery requests.

JUDGE PRESIDING
I

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

Yoursocial securit

Spouse'ssocial 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 ofhousehold (with qualifying person). (See instructions.)

Married filing jointly (even if only one had income) ! : Ifthequalrfying person is achild butnotyourdependent, .. . ,_, , : . -. enterthis child's

Marriedfiling separately. Enterspouse sSSN above &full name name here. ••

here. > 5 {_ J Qualifying widow(er) with dependent child (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. of children

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'ssocial

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-1V1.18
Form1040A(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 yourspouse itemizes

deductions, check here • 23b n 24 Enter yourstandard 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 creditsfrom Form8863, line 19. 31

32 Retirementsavinqs 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 creditfrom 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 (see instructions).

* c Type: [xj Checking |_J Savings

46

42 4,941

43a 4,941

> 45

DoyouwanttoallowanotherpersontodiscussthisreturnwiththeIRS (see instructions)? | j Yes. Complete the following. |xl No

Designee's name « Phone no. Personal IDnumber

• • (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'ssignature. 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'ssignature 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 of this 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

P01756645
UNITED STATES

POSTAL SERVICE®

USPS TRACKING #

PLEASEPRESS FIRMLY

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9114 9012 3080 3070 3587 05

Label 228, January 2008

I

PRIORITY For Domestic

and International Use

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UNITED STATES POSTAL SERVICE

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JUN 20, 15

00064847-07

$5.75

AMOUNT