Michael Trejo v. Eugenia Morales

Opinion

ACCEPTED 03-16-00509-CV 12922272 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/27/2016 12:38:15 PM JEFFREY D. KYLE CLERK NO. 03-16-00509

FILED IN IN THE THIRD DISTRICT COURT OF APPEALS 3rd COURT OF APPEALS AT AUSTIN , TEXAS AUSTIN, TEXAS 9/27/2016 12:38:15 PM JEFFREY D. KYLE MICHAEL TREJO, Clerk

Appellant v.

EUGENIA MORALES,

Appellee

From the 353'd Judicial District Court of Travis County, Texas Trial Court Cause No. 0 -1-FM-16-003566

APPE LLANT'S MOTION TO SJJSPK'Iffi

JliOW COMES Appellant, Michael Trejo, and files this Motion to Suspend and shows

the Court:

I.

Appellant requests abatement because the Appellant and Appellc continue in litigation in

a Suit Aflecting Parent-Child Relationship (SAPCR) involving the same child and the same

issues. Michael Trejo. Appellant. filed a SAPCR in Cause No. D-1-FM-16-003566, in which

both parties are involved. The outcome of the SAPCR may affect the outcome of this case.

n. Respondent attaches an affidavit in support or the allegations herein and incorporates

same by reference hereto. WHEREFORE, PREM1SI£S CONSiDERED, Appellant prays this Court will suspend

this suit for rhe grounds specified herein until the final order in the aforementioned SAPCR is

entered, and for such other and further relief that may be awarded at Jaw or in equity.

By: -=-svg _g Respectfully submitted,

__________ George C. Lobb, Esq. Texas Dar Ko. 24042928 Email: admin@lobblaw.com I 108 Lavaca Street #I 10242 AUSTIN, TX 78701 Tel. (512) 21 5-601 I Fax. (5 I2) 425-0877 Attomcy for Appellant Michael Trejo NO. 03-16-00509

IN THE THIRD DISTRICT COURT OF APPEALS AT AUSTIN, TEXAS

MICHAEL TREJO,

From the 353'd Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-FM-16-003566

VERIFICATION

BEFORE ME, the undersigned authority, personally appeared Michael Trejo, who being

duly sworn, deposed as follows:

"My name is Michael Trejo. I am at lca~t 18 years of age and of sound mind. I am

personally acquainted with the facts alleged in Appellant's Motion to Suspend. I herllby swear

that the statements in support of Appellant's Motion to Suspend are true and correct."

. SUBSCRIBE:,D AND SWORN TO BRFORE ME on this2t'~day of August 20 16 by -fYt It ltte[ TteJ 0 . ~Ztt) ---~ ~,,. Nolcrt JACK Public.DELUNA

~ ' State 01 lellOO " i. MY c:ommtu !On E>

On August 29, 2016, I conference with Hilary Riley, Assistant County Atlorney for the Travis County Attomcy's Office and she docs not oppose this motion.

CERTIFICATE OF SERVICE

I certify that on 5ept:.tY1.her d-1, fJ-D/ fo , a true and correct copy of Appellant's Motion to Suspend was serve(! by fax on the~Attomey to 512-854-9316.

~ George C. Lobb. Esq. 1'\0 . 03-16.00509

IN THE TillRD DISTRlCT COURT OF APPEALS AT AUSTIN, TEXAS

Appellanl v.

EUGENIA MORALES.

From the 353"1Judicial District Coun of Travis County, Texas Trial Court Cause No. D-1 -FM-16-003566

AFFIDAVIT IN SUPPORT OF APPELLANT'S MOTIOI'\ TO SUSPEND

BEFORE ME, the undersigned authority, personally appeared

who being duly sworn, deposed as follows:

My name is {;.e Yy{? C, lr o1~ I am at least 18 year.; of age and of sound mind. I am personally acquainted with the facts alllj:geq;h - -·- - _ ___. < -7'- t "\ / SUBSC RI BED AND SWORN TO BEFORE ME on true-? day ob...QpJ-f>,,,f..ec 1 by ::Je••rr.r C lobb . :>

JACK DELUNA Notary Public, State or lexos My Ccmmlulon Elll)lres Novombot 12. 2011 ~0. 03-16-00509

IN THE HURD DISTRICT COURT OF APPEALS AT AUSTIN, TEXAS

MICHAEL TRFJO.

EUGEN!A MORALES,

From the 353'd Judicial District Court ofTravis County. Texas Trial Court Cause No. D-1 -FM-16-003566

O RDER O N APPELLAl\T'S MOTION TO SUSPEN D

On_ _ __ _ _ _ __ ., 2016, the Court heard the Appellant's Motion to Suspend

and the Appellant's response thereto. After due consideration of the Motion, the response, and

the argument$ of counsel, this Court is of the opinion that such Motion should be SUSTAI NED.

The Court finds the following:

A. Both Appellant and Appellee continue in litigation in a Suit Affecting Parent-

Child Relationship (SAPCR) involving the same child and the same issues.

IT JS, THERF.FORE, O RDERED that this cause is suspended until the tlnal order in

the pending Suit Affecting Parent Cnild Relation is entered.

Signed on: - - - - - -- --·• 2016. Presiding Judge

George C. Lobb, Esq. Attorney for Appellate, Michael Trejo Email: admin@lobblaw.com 1108 Lavaca Street #1 10242 AUSTIN, TX 78701 Tel. (5 12) 215-6011 Fax. (5 12) 425-0877 THE LAW OFFICE OF GEORGE C. LOBB September 27, 2016

E-file Third District of Texas P.O. Box 12547 Austin, Texas 78711

RE: Appellant’s Motion to Suspend

This office represents Michael Trejo in Cause No. D-1-FM-16-003566 and in the appellate case 03-16-00509. This letter is to inform the Court that Appellant will not file a brief yet because he seeks suspension of the appellate case while the SAPCR case is pending.

Thank you for your time and attention in this matter.

Very truly yours,

George C. Lobb, Esq.

1108 LAVACA STREET #110­242 TEL: 512­215­6011 AUSTIN, TX 78701 FAX: 512­425­0877 INFO@LOBBLAW.COM WWW.LOBBLAW.COM