IN THE COURT OF APPEALS OF TEXAS

No. 04-14-0791 CV - ?. S ZCA.

JC-T-I ;1 " -1 -T3 MICHAEL THOMAS PAUL ?^— ^

GREG ABBOTT ATTORNEY GENERAL FOR THE STATK OF TEXAS

MOTION TO APPELLA'l'K COURT TO QUASH DEFECTIVE ORDER TSSUED IN TRIAL COURTS DFXF.MBER 30'" 2014 ORDER DENYING MOTION TO SET ASIDE ORDER GRANTING CONTEST TO AFFIDAVIT OF INABILITY TO PAY ON APPEAL AND ORDERING MICHAEL T. PAUL TO PAY ALL COSTS OF APPEAL DUE TO APPELLANT NOT BEING PROPERLY SERVED NOTICE, TRCP 21 AND THE SUBSEQUENT RE-PETITION THAT WAS DEFECTIVE BEING FILED AFTER THE 10 DAYS TO FILE MOTION CONTESTING THIS APPEAL

TO TI IE HONORABLE COURT OF APPEALS:

COMHS NOW, Michael Thomas Paul, Appellant in the above styled and numbered Appeal, and files this Motion for this court to slay their order of dismissal and QLJASH detective December 30th ORD1-R DENYING MOT ION TO SET ASIDE ORDKK GRANTING CONTEST TO AI-FIDAVITOF INABILITY TO PAY ON APPEAL AND ORDERING

MICHAELT. PAUL TO PAY ALL COSTS OF APPEAL . Appellant is not one lo mince words with non facts and events occurring that have

been ;t.) Obstruction of Justice ; b.) Criminal acts by court personnel

that should be investigated by a grand Jury for collusion and

conspiracy, that Appellant demands Judicial Notice be taken of.

Appellant again asserts as in prior petitions that the District Clerks

office and the Office of the Courts Attorney will stop at no ends to

prevent this appeal from being Justly Adjudicated by the merits under which have been filed in the trial courts record which sought an injunction and summary judgment. Appellant assumed this court

to be privy too the filing since there is an entry on the docket in this appeal which states that the Clerks Record has been filed as of December 04th, 2014 and checked out the very next day. Strange that it should be filed and then removed from the court so as to allow for appellant's appeal being dismissed for no record having been

filed. But the record was filed, see exhibit Al. Appellant not

having legal background has been diligently searching for Pro-

Bono legal representation and requests this court to immediately

assign court appointed counsel to Appellant so as to assure there

are no more constitutional violations to his rights. As Appellant

is presumed indigent in this appeal as stated by the Texas Supreme

Court and that supersedes and nullifies any order to pay costs by any lower court including this court. Monies having to be paid to date will be sought as damages from the above stated Criminal complaint

as Pain and Suffering for having to try and juggle what bill appellant can't pay this month because of the blatant extortion of money from his below average fixed income of only $805per month just so he can

progress his just claim.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully request this Court to immediately, without delay, grant appellant's motion slay order of dismissal and enter an order to quash lower courts defective carder and grant request for appointed counsel as to allow appellan! to proceed in this appeal for want of adjudication under both the Texas and United States Constitution's.

If motion is denied. Appellant will proceed with En Bane filing Due March 16, 2015 and an; other remedies that may be provided under both Texas and United Suites Constitution's.

Respectfully submitted, Michael Thomas Paul 9123Easy Street San Antonio, Texas 78266 Telephoned 10-294-4533 [email protected]

/s/Michael Thomas Paul Michael Thomas Paul Pro-Se Appellant- litigant CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above

instrument was served on the following via E-Mail and

delivered on the 16Ih of February, 2015.

Scott M Graydon, Asst. Attorney General E-MAIL P.O Box 12548 Austin,TX 78711 -2548

Donna Kay McKinney Bexar County District Clerk E-MAIL to Court Attorney 101 W Nueva, Suite 217 Hand delivered Sa n A n ton i o, TX 78205-3411 (210) 335-2113

Michael Thomas Paul 9123Easy Street San Antonio, Texas 78266 Telephone: 210-294-4533 [email protected] I [email protected]

/s/ Michael Thomas Paul Michael Thomas Paul Pro-Se Appellant Litigant