Yan Benjamin Wilhelm Assoun v. Anais Amber Gustafson (a/K/A Anais Amber Assoun) and John Charles Gustafson, Jr.

Opinion

Order entered December 14, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01463-CV

YAN BENJAMIN WILHELM ASSOUN, Appellant

V.

ANAIS AMBER GUSTAFSON (A/K/A ANAIS AMBER ASSOUN) AND JOHN CHARLES GUSTAFSON, JR., Appellees

On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-02323-2014

ORDER Before the Court is appellant’s December 10, 2015 motion to disqualify Clint Westhoff

and Goranson Bain PLLC, as counsel for appellee. Because the facts alleged arose while this

matter was pending on appeal, the Court lacks an evidentiary record or findings of fact by the

trial court.

The Court, therefore, ORDERS as follows:

1. Oral argument currently set for December 15, 2015, is postponed pending further

order of the Court;

2. This appeal is ABATED pending further order of the Court; and 3. Appellant’s motion to disqualify is remanded to the trial court to conduct an

evidentiary hearing and enter findings of fact pertaining to the motion.

We instruct the trial court to cause to be filed a supplemental clerk’s record containing its

findings of fact by January 29, 2016. We leave to the parties to arrange for a supplemental

reporter’s record. This appeal will be reinstated on January 29, 2016 or when the findings of fact

are filed, if filed before January 29, 2016.

/s/ DAVID EVANS PRESIDING JUSTICE