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COURT OF APPEALS 

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-1 0-00431-CV 

ELIZABETH A. FLACK-BATIE AND 

LISA A. BATIE 

JOHN HENRY BATIE AND U-HAUL 

CO. OF FT. WORTH, CO. 

V. 

APPELLANTS 

APPELLEES 

FROM THE 324TH DISTRICT COURT OF TARRANT COUNTY 

ORDER 

On October 19, 2010, the trial court signed a postjudgment order, denying 

all of the petitioner Elizabeth Flack-Batie and intervenor Lisa A. Batie's motions 

and claims, finding such motions frivolous, and ordering that petitioner and 

intervenor take nothing against John Henry Batie. 

On November 23, 2010, Elizabeth and Lisa filed their notice of appeal. 
Also on November 23, 2010, Elizabeth and Lisa filed their "Uncontestable 

Affidavit(s) Of Indigence," stating that they wished to proceed as indigent. 

On November 29, 2010, the court reporter filed a contest to Elizabeth and 

Lisa's affidavit of indigence. 

On November 10, 2010, the trial court signed an order that included the 

following finding: 

The Court finds that the joint affidavit of indigency filed by 

Petitioner, Elizabeth Flack Batie and Intervenor, Lisa Batie is 

insufficient to establish the indigency of Petitioner, Elizabeth Flack 

Batie and Intervenor, Lisa Batie. The Court finds that Petitioner and 

Intervenor have failed to comply with the mandatory requirements of 

Rule 20.1 (b), Texas Rules of Appellate Procedure. Additionally, the 

Court finds that Petitioner and Intervenor failed to comply with the 

mandatory requirements of Rule 34.6(b), Texas Rules of Appellate 

Procedure, so as to make a written request of the official reporter to 

prepare the reporter's record at or before the time that Petitioner and 

Intervenor perfected their appeal. The court finds that the testimony 

of Petitioner was confusing and disjointed and wholly failed to 

substantiate her affidavit. The Court finds that Petitioner was 

awarded substantial assets in the Agreed Decree of Divorce entered 

in this cause. The Court finds that Petitioner has never been able to 

show the Court that she failed to receive said sums from 

Respondent. 

The trial court also found that Lisa Batie's appeal would be frivolous. 

On December 21, 2010, this court notified appellants that they were 

requir~d to pay the $175 filing fee by December 31, 2010. 

On December 29, 2010, Appellants filed a motion to extend the time for 

filing the fee. 

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On January 5, 2011, on this court's own motion, we ordered the trial court 

clerk and court reporter to prepare and file the portions of the record necessary 

to review the trial court's order sustaining the contest to appellants' affidavit of 

indigency. 

In an order dated January 28, 2011, this court, after reviewing the record 

from the trial court's hearing on the indigency contest, stated, "Based on our 

review of the record, and notwithstanding that Elizabeth Flack-Batie receives 

social security benefits, we cannot conclude that the trial court abused its 

discretion by sustaining the contest and by finding that Lisa A. Batie's appeal 

would be frivolous." We ordered appellants to pay the required $175 filing fee 

and to pay or make arrangements to pay for the clerk's record and reporter's 

record on or before February 7, 2011. 

On or about February 8, 2011, appellants filed a document entitled "2nd 

Amended Notice Of Appeal." Appellants also filed a document entitled 

"Appellant(s) Motion To Re-Hear Their Notice Of Appeal Of Their Affidavit Of 

Indigence; To Extend Time And Waive Fees And Request For Judicial Notice Of 

Facts." 

On February 22, 2011, this court denied appellants' motion to re-hear their 

notice of appeal of their affidavit of indigence, waive fees, and request for judicial 

notice of facts; this granted in part appellants' motion for extension of time to pay 

the $175 filing fee, giving them until March 21, 2011 to pay. 

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On March 29, 2011, appellants filed a document entitled "Appellant(s) 

Motion(s) To Extend Time (1) To File Appellant(s) Motion For Reconsideration 

And To Request Correction Of The Reporters Record; (2) Request For Judicial 

Notice And Motion To Extend Time TO Pay Appellate Fees." 

On April4, 2011, we denied appellants' March 29, 2011 motion. 

On April 7, 2011, we dismissed appellants' appeal for failure to pay the 

required $175 filing fee for the appeal and pay or make arrangements to pay for 

the clerk's record and reporter's record on or before March 21, 2011. 

On April 12, 2011, this court received notice that the Texas Supreme Court 

received a motion of time to file a petition for review from appellants. The Texas 

Supreme Court thereafter granted that motion on April 18, 2011. 

On May 9, 2011, appellants filed a document entitled "Appellant(s) 

Request For Judicial Notice And Motion(s) (1) To Extend Time To File Response 

To Appellate Courts April 4th and 7th, 2011 Judgments and (2) Appellant(s) 

Motion For Reconsideration." The motion is DENIED. 

The clerk of this court is directed to transmit a copy of the order to the 

appellants, the appellee John Henry Batie, the attorney of record for U-Haul Co. 

of Ft. Worth, Co., and the clerk of the Texas Supreme Court. 

DATED May 11, 2011. 

PER CURIAM 

PANEL: WALKER, MCCOY, and MEIER, JJ. 

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