Mohammad A. Hashmi v. Palm Gardens Homeowners Association, Inc.; Carl DeBarbieris Owner of and d/b/a Genesis Property Management and Genesis Community Management, Inc.--Appeal from 11th District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00176-CV

Mohammad A. Hashmi,

Appellant

v.

Palm Gardens Homeowners

Association, Inc.; Carl DeBarbieris

Owner of and d/b/a Genesis Property

Management and Genesis Community

Management, Inc.,

Appellees

From the 11th District Court

Harris County, Texas

Trial Court No. 03-34630

ORDER DENYING REHEARING

On July 20, 2005, we dismissed Appellant Mohammad Hashmi s indigency appeal for want of prosecution. On September 21, 2005, we dismissed Hashmi s appeal on the merits for failure to pay filing fees.

On October 17, 2005, Hashmi, who is pro se, filed a Notice to Court Requesting Not to Set Any Deadlines During the Next 30 Days. We will treat this document as a motion for extension of time to file a motion for rehearing on Hashmi s appeal on the merits, which we grant an extension in part to October 17, 2005.

Hashmi has filed Appellant s Objections, Notice of Denial of Due Process, Violation of Federally Protected Rights and 42 U.S.C. 242, and Request to Take Corrective Action. We will treat this document as a motion for rehearing on his appeal on the merits. This motion is denied.

On October 17, 2005, Hashmi filed Appellant s Motion to Affirm Indigent Status Pursuant to U.S. Supreme Court Order, which we will treat as a motion for rehearing on his indigency appeal. Because the indigency appeal was dismissed on July 20, 2005, this motion is dismissed as untimely. See Tex. R. App. P. 49.8.

Hashmi has filed Appellant s Motion to Vacate Court s Final Judgment, and Remand the Case to the Trial Court, which we will treat as a motion to dismiss for lack of jurisdiction. This motion is denied. We also deny Appellants Motion to Enjoin Appellees Attorneys from Further Representation of Appellees for Failure to Show Their Authority.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissents with a note)

Motions dismissed and denied

Order issued and filed November 2, 2005

(Note: We should not reach the merits of any of these requests. I would strike the filing of all these documents because the record does not reflect they were served on the opposing party as required. Further, the required fee has not been paid for the filing of any of these documents. I would therefore not reach the merits of any of appellant s requested relief. I dissent.)