Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/12/2015 5:53:01 PM KEITH E. HOTTLE Clerk *1 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 I N THE C OURT OF A PPEALS FOR THE F OURTH D ISTRICT OF T EXAS AT S AN A NTONIO JUSTIN V. HAYNES, A PPELLANT V .
ALICIA BRYAN HAYNES, A PPELLEE On Appeal from Cause No. 2012-Cl-14023, In the 166 th Judicial District Court of
Bexar County, Texas, Honorable David Canales, Presiding A PPELLANT ’ S S ECOND A DVISORY R EGARDING S TATUS OF T RIAL P ROCEEDINGS 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.
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 L AW O FFICES OF R YAN G. A NDERSON , 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 *4 (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, 36 th 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