Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/9/2015 1:00:22 PM KEITH E. HOTTLE Clerk *1 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 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 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 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.
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 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 (210) 267-7777 Telecopier richard@ondafamilylaw.com *4 ATTORNEYS FOR APPELLANT JUSTIN V. HAYNES *5 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, 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