Justin v. Haynes v. Alicia Bryan Haynes

Opinion

ACCEPTED 04-15-00107-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/9/2015 1:00:22 PM KEITH HOTTLE CLERK

No. 04-15-00107-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 09/9/2015 1:00:22 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 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 2, 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. As a result, Appellant will be required to file a new round of

post-judgment pleadings, including his Request for Findings of Fact and

Conclusions of Law, Motion to Modify Judgment and Motion for New

Trial. Because the request for findings and conclusions and the pending

motions might affect the pending appeal, or render it altogether moot,

and the parties must again supplement the current appellate record to

include the Reporter’s Record from the subsequent post-judgment

hearings and the additional filings that resulted in both modified

judgments as well as the filings subsequent to the trial court’s

rendering of of the latest modified judgment, Appellant respectfully

requests that this appeal continue to be abated until the trial court

proceedings conclude and the complete appellate record is filed in this

Court.

2 II.

The continuation of the abatement is not sought for purposes of

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

this appeal are 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 (210) 267-7777 Telecopier richard@ondafamilylaw.com

3 ATTORNEYS FOR APPELLANT JUSTIN V. HAYNES

4 CERTIFICATE OF SERVICE

I certify that a true copy of the above was served in accordance with the Texas Rules of Civil Procedure on September 9, 2015, on the following:

Eric Lipper Biff Pennypacker Whitney N. Rawlinson 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