Justin v. Haynes v. Alicia Bryan Haynes

Opinion

ACCEPTED 04-15-00107-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/12/2015 5:53:01 PM KEITH HOTTLE CLERK

No. 04-15-00107-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 10/12/2015 5:53:01 PM FOR THE FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE AT SAN ANTONIO Clerk

JUSTIN V. HAYNES, APPELLANT V.

ALICIA BRYAN HAYNES, APPELLEE

On Appeal from Cause No. 2012-Cl-14023, In the 166th Judicial District Court of Bexar County, Texas, Honorable David Canales, Presiding

APPELLANT’S SECOND ADVISORY REGARDING STATUS OF TRIAL PROCEEDINGS

TO THE HONORABLE COURT OF APPEALS: Appellant Justin V. Haynes respectfully provides this advisory

informing the Court of the current status of the trial court proceedings

pursuant to the Court’s September 21, 2015 order.

I.

This appeal initially arose from the March 3, 2015 judgment

rendered by the trial court. The notice of appeal was filed on February

16, 2015. The Clerk’s Record was filed on May 5, 2015. The Reporter’s Record was filed on May 4, 2015 and June 16, 2015. The trial court

rendered a Modified Judgment on June 16, 2015.

Appellant’s brief was due to be filed by July 16, 2015. However,

Appellant filed his unopposed motion to extend that deadline or to

abate the appeal pending final resolution of the trial court proceedings.

On July 20, 2015, the Court entered its order abating this appeal. On

August 31, 2015, the trial court rendered its second modified judgment.

On September 21, 2015, the Court continued the abatement until the

trial proceedings are final, provided that Appellant provide an advisory

regarding the status of the trial court proceedings every three weeks,

beginning October 12, 2015. In accord with the Court’s order, Appellant

provides this advisory.

II.

On September 28, 2015, Appellant filed his Motion to Modify

Judgment and his Motion for New Trial. Appellee filed her Motion to

Modify, Correct, or Reform Judgment Signed August 31, 2015 on

September 30, 2015. Appellant’s motions are set for hearing by the trial

court on October 27, 2015 at 3:00 p.m. It is presumed that Appellee’s

post-judgment motion will be set for hearing at the same time. In light

of the continuing trial court proceedings, Appellant requests that the

Court continue the abatement of this appeal.

2 III.

The continuation of the abatement is not sought for purposes of

delay. Rather, this request is made to ensure that the issues eventually

raised in this appeal are narrowed to the greatest extent possible and

then presented to this Court in the most efficient and expeditious

manner possible.

WHEREFORE, PREMISES CONSIDERED, Appellant Justin V.

Haynes respectfully requests that the Court continue to abate this

appeal until after the trial proceedings conclude and the complete

appellate record is filed in this Court, and such other and further relief

to which he is justly and equitably entitled.

Respectfully submitted, /s/ Ryan G. Anderson Ryan G. Anderson State Bar No. 00783546 LAW OFFICES OF RYAN G. ANDERSON, PLLC 115 E. Travis, Suite 1403 San Antonio, Texas 78205 (210) 399-0198 (210) 855-5050 (Facsimile) ryan@rgalawpc.com

RICHARD R. ORSINGER State Bar No. 15322500 ORSINGER, NELSON, DOWNING & ANDERSON L.L.P. 310 S. St. Mary’s, Suite 1717 San Antonio, Texas 78205 (210) 225-5567 Telephone

3 (210) 267-7777 Telecopier richard@ondafamilylaw.com

ATTORNEYS FOR APPELLANT JUSTIN V. HAYNES

CERTIFICATE OF SERVICE

I certify that a true copy of the above was served in accordance with the Texas Rules of Civil Procedure on October 12, 2015, on the following:

Eric Lipper Biff Pennypacker Michael Conner Wilson, Pennypacker & Thompson Hirsch & Westheimer, P.C. LLP 1415 Louisiana, 36th Floor 8620 N. New Braunfels, Suite 101 Houston, Texas 77002 San Antonio, Texas 78217 Attorneys for Alicia Bryan Attorneys for Alicia Bryan Haynes Haynes

Jo Chris Lopez Rob Ramsey Langley & Banack, P.C. 745 E. Mulberry, Suite 900 San Antonio, Texas 78212 Attorneys for Alicia Bryan Haynes

/s/ Ryan G. Anderson Ryan G. Anderson