# ~~**~ ~**  :> V)**~-** 

## COURTOFAPPEALS SECONDDISTRICTOFTEXAS FORTWORTH NO. 02-10-00431-CV

ELIZABETH A. FLACK-BATIEAND LISAA. BATIE

JOHN HENRY BATIEAND U-HAUL CO. OF FT. WORTH, CO. V. APPELLANTS

APPELLEES

FROM THE 324TH DISTRICTCOURT OF TARRANT COUNTY



### ORDER

On October 19, 2010, the trial court signed a postjudgment order, denying all ofthe petitioner Elizabeth Flack-Batie and intervenor Lisa A. Batie's motions and claims, finding such motions frivolous, and ordering that petitioner and intervenortake nothing againstJohn Henry Batie. On November23, 2010, Elizabeth and Lisafiled their notice ofappeal.Also on November 23, 2010, Elizabeth and Lisafiled their "Uncontestable Affidavit(s) Of Indigence," stating thattheywished to proceed as indigent. On November 29, 2010, the court reporter filed a contest to Elizabeth and Lisa's affidavitofindigence. 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 Courtfinds that Petitioner and Intervenor havefailed to complywith the mandatory requirements of Rule 20.1(b), Texas Rules ofAppellate Procedure. Additionally, the Court finds that Petitioner and Intervenor failed to comply with the mandatory requirements of Rule 34.6(b), Texas Rules ofAppellate Procedure, so as to make awritten request ofthe official reporter to prepare the reporter's record at or beforethetime that Petitionerand Intervenor perfected their appeal. The courtfinds thatthe 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 Courtfinds that Petitioner has never been able to show the Court that she failed to receive said sums from Respondent. Thetrial court alsofound that Lisa Batie's appeal would be frivolous. On December 21, 2010, this court notified appellants that they were**requir~d** to paythe $175filing fee by December31, 2010. On December 29, 2010, Appellants filed a motion to extend the time for filing thefee.

2On January 5, 2011, on this court's own motion, we ordered the trial court clerk and court reporter to prepare and file the portions ofthe 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-heartheir notice ofappeal oftheiraffidavitofindigence, waive fees, and requestforjudicial notice offacts; this granted in part appellants' motion for extension oftime to pay the $175filing fee, giving them until March 21, 2011 to pay.

3On 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 OfThe Reporters Record; (2) Request For Judicial NoticeAnd Motion To Extend TimeTO PayAppellate Fees." OnApril4, 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 arrangementsto pay for the clerk's record and reporter's record on or before March 21, 2011. On April 12, 2011, this court received noticethatthe Texas Supreme Court received a motion oftime to file a petition for review from appellants. The Texas Supreme Courtthereaftergrantedthat motion on April 18, 2011. On May 9, 2011, appellants filed a document entitled "Appellant(s) Request ForJudicial NoticeAnd 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. ofFt. Worth, Co., and the clerk ofthe Texas Supreme Court. DATED May 11, 2011. PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ.



### 4