in the Interest of J.F.B., E.C., A.J.C., and A.L.C.

Opinion

ACCEPTED

04-15-00234-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

5/20/2015 5:29:25 PM

KEITH HOTTLE

CLERK

No. 04-15-00234-CV

FILED IN

IN THE INTEREST OF § 4th COURT IN THE COURT OF APPEALS OF APPEALS SAN ANTONIO, TEXAS

§

5/20/2015 5:29:25 PM

J.F.B. ET AL., § FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE

§ Clerk CHILDREN § SAN ANTONIO, TEXAS

APPELLANT L.C., JR.’S FIRST AMENDED MOTION TO ABATE, RECALCULATE DUE DATES, AND/OR REMAND FOR NEW TRIAL

TO THE HONORABLE FOURTH COURT OF APPEALS:

(Appellant L.C., Jr. has amended this motion to correct the reference to the TEXAS RULES OF APPELLATE PROCEDURE in paragraph 4).

Appellant L.C., Jr. requests this Honorable Court to abate this appeal,

recalculate the due dates of the appellate briefs, and/or remand the case back to the

trial court for a new trial, and would show in support thereof:

THE REPORTER’S RECORD APPEARS TO BE INCOMPLETE

1. Appellant L.C., Jr. timely requested the reporter’s record in this appeal and

specifically requested inclusion of copies of all exhibits moved into evidence. See

Clerk’s Record, pp. 62-63. After reviewing the copy of the reporter’s record

provided to Appellant L.C., Jr., and after counsel for L.C., Jr. conferred with the

Clerk’s Office of this Honorable Court, it appears that the court reporter provided a listing and index of the exhibits moved into evidence, but no copies of the

exhibits. See Reporter’s Record, in toto and vol. 4.

2. The trial court expressly noted in its rendition its reliance upon the

exhibits moved into evidence as a basis for its judgment. See Reporter’s Record,

vol. 3, p. 184, line 21-p. 185, line 1. Appellant L.C., Jr. would suggest that these

exhibits are thus presumptively necessary to the resolution of this appeal. See TEX.

R. APP. P. 34.6(f)(3).

3. Therefore, Appellant L.C., Jr. requests this Honorable Court to enter

appropriate orders and/or direct the court reporter to supplement the appellate

record with true and correct copies of the exhibits moved into evidence at trial.

Pending such supplementation, Appellant L.C., Jr. requests this Honorable Court

to abate the appellate proceedings until such time as the court reporter complies,

and then upon the filing of said exhibit copies, recalculate the due dates for the

appellate briefs.

4. Alternatively, and failing the aforementioned reporter’s record

supplementation of the exhibit copies, Appellant L.C., Jr. requests this Honorable

Court to remand the case to the trial court for a new trial. See TEX. R. APP. P.

34.6(f).

PRAYER

For the reasons stated above, Appellant L.C., Jr. requests this Honorable Court to

grant the foregoing relief requested or such further or other relief as this Honorable

Court deems appropriate at law or in equity.

Respectfully submitted,

By:

Mr. Terry "Ty" Wesley Baker Texas Bar No. 24036174 BAKER LAW OFFICE 6775 State Highway 123 North P.O. Box 33, Geronimo, Texas 78115 Tel/Fax (830)401-4565 twb@baker-law.net Attorney for Appellant, L.C., Jr.

CERTIFICATE OF CONFERENCE

I certify that I made a good faith effort to confer with all counsel of record on May 16 and May 19, 2015, via email communication, and only one party has responded, said party indicating neither opposition nor agreement to the foregoing APPELLANT L.C., JR.’S MOTION TO ABATE, RECALCULATE DUE DATES, AND/OR REMAND.

Mr. Terry "Ty" Wesley Baker

CERTIFICATE OF SERVICE

I certify that on May 20, 2015, a true and correct copy of the foregoing APPELLANT L.C., JR.’S MOTION TO ABATE, RECALCULATE DUE DATES, AND/OR REMAND was served to each person listed below by the method indicated and pursuant to the TEXAS RULES OF CIVIL PROCEDURE.

Mr. Terry “Ty” Wesley Baker

Mr. Jerry Reyes Attorney for Appellee/Texas Department of Family and Protective Services via e-service to: Jerry.Reyes@dfps.state.tx.us

Mr. Gerald Anthony Uretsky Attorney for D.D.B., Appellant/Respondent Mother via e-service to: uretsky@msn.com

Ms. Lisa D. Duke Attorney for D.B., Appellant/Intervenor via e-service to: lisadukelaw@hotmail.com

Ms. Amanda Flewellen Attorney ad litem for Subject Children via e-service to: af@cookefirm.com

Ms. Trisha Morales-Padia Attorney for G.F., Respondent Father via e-service to: padia.trisha@gmail.com