Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 2:01:49 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00224-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 2:01:49 PM CHRISTOPHER PRINE CLERK CASE NO: 01-15-00224-CV

IN THE 1st COURT OF APPEALS

AT HOUSTON TODD DAVID ROGERS , APPELLANT

V.

GINA MARIE ROGERS, APPELLEE From the 434 TH District Court

Trial Court Case number 12-DCV-199022

Fort Bend County, Texas APPELLANT’S REQUEST TO EXTEND ABATEMENT

THE MAHONEY LAW FIRM WALTER P. MAHONEY JR. 3668 BURKE PASADENA, TEXAS 77504 SBN 12844600 PHONE 281-998-9450 FAX 281-998-9430 *2

T O THE H ONORABLE J USTICES OF THE FIRST C OURT OF A PPEALS :

Appellant’s Counsel respectfully requests that the Court to enter an order abating the

pending appeal and in support of that request would show unto this Court as follows:

I.

Appellant filed Notice of Appeal on the day before the case was set for entry of judgment

in the trial court. On the day in question the final decree of divorce was not entered or signed by

the court. The proceeding were reset to another date for entry and due to unforeseen

circumstances that entry also did not occur. The case was then reset to April 17 th , 2015 for the

entry of a final judgement but unfortunately that entry date was also reset to May 15 , 2015.

II.

As a result of the above described issues a final appealable judgment has not been entered by the

trial court at this time. It is Appellant’s belief at this time that the decree has been signed by the

Court. The request for the supplementation of the Clerk's record is being filed at the same time as

this request. Appellant request the Court to extend the time of the abatement for a few days to

allow for the completion of the clerk's record so that it may be filed with this Court.

V. CONCLUSION *3 For the reasons stated above, Appellant respectfully requests that this court enter an order

abating this appeal pending further notice from the parties and action from the trial court.

Respectfully Submitted, The Mahoney Law Firm 3668 Burke Pasadena, Texas 77504 Phone 281-998-9450 Fax 281-998-9430 E-Mail trip888@aol.com /s/ Walter P. Mahoney Jr. Walter P. Mahoney Jr. Attorney for Appellant CERTIFICATE OF CONFERENCE

I Walter P. Mahoney Jr. do hereby certify that on the 9th day of September I forwarded the

foregoing Motion to Marlene Zinsmeister to attempt to resolve this issue. Marlene Zinsmeister

has not yet advised me of her position. As soon as she does that information will be provided to

this Court.

/s/Walter P. Mahoney Jr. *4 Walter P. Mahoney Jr.

CERTIFICATE OF SERVICE

I, Walter P. Mahoney Jr. do hereby certify that a copy of the foregoing Motion was duly and

properly served upon opposing counsel on the 9 day of September both before and after it was

filed. In addition I made phone calls to his office to seek her position.

/s/ Walter P. Mahoney Jr.

Walter P. Mahoney Jr.