Nash Jesus Gonzales and Gonzales & Gonzales, P.C. v. Marissa Ann Maggio ( 2015 )

ACCEPTED
03-14-00117-CV
5824511
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/25/2015 2:15:56 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00117-CV
NASH JESUS GONZALES and § IN THE COURT OF FILED IN
APPEALS
3rd COURT OF APPEALS
GONZALES & GONZALES, P.C., § AUSTIN, TEXAS
Appellants § 6/25/2015 2:15:56 PM
v. § THIRD JEFFREY D. KYLE
JUDICIAL DISTRICT
Clerk
§
MARISSA ANN GONZALES §
Appellee § AUSTIN, TEXAS
APPELLEE MARISSA ANN GONZALES' MOTION TO DISMISS
TO THE HONORABLE COURT:
COMES NOW Appellee Marissa Ann Gonzales, and files her Motion to
Dismiss and respectfully shows the Court as follows:
I.
INTRODUCTION
This case involves an appeal of an underlying divorce and child custody suit.
Pending simultaneously with this appeal is an action filed by Appellant Nash
Gonzales to modify the divorce decree at issue in this Appeal. Appellee seeks
dismissal of this appeal because the relief sought by Appellant in the
simultaneously pending action to modify the parent-child relationship is directly
contrary to the relief sought by Appellant in this appeal, thereby making the issue
in this controversy moot and divesting this Court of its jurisdiction over the issue
in controversy. Without a controversy to decide, any opinion would be advisory in
nature. Accordingly, dismissal is proper.
Page 1
n.
FACTUAL BACKGROUND AND BASIS FOR MOTION
As noted in Appellee's Brief, this is an appeal of a divorce action to
terminate the marriage of Nash Gonzales and Marissa Ann Gonzales and child
custody suit involving their two children. The issues concerning conservatorship
of the children and any geographic restriction on the location of their primary
residence was determined by a jury. See Appellee's Brief at P. 2. Marissa
requested that she be named as sole managing conservator with the right to
designate the children's primary residence with no geographic restriction. !d. Nash
requested that the parties be named joint managing conservators and requested
their primary residence be restricted to Travis County. Id.
After an almost two week trial, the jury determined that the parties should be
named as joint managing conservators, giving Marissa the right to designate the
children's primary residence and that the primary residence was restricted to the
State of Texas. !d. The jury's findings were incorporated into the trial court's
fmal order dated December 9, 2013. Id.
Nash filed this appeal complaining of, among other things, the jury's failure
to restrict the children's primary residence to Travis County or New York on the
basis that the evidence was legally and factually insufficient to support a finding
that the children's residence should be restricted to the State of Texas. According
Page2
to Nash, the evidence at trial supported only a restriction to either New York or
Travis County, Texas. As noted in her brief, Marissa, her children and Nash all
currently live in Collin County, Texas. See Appellee's Brief at P. 6.
In addition to this appeal, Appellant Nash Gonzales recently filed an action
to modify the parent child relationship, such action being styled and numbered In
the Interest of B.NG. and G.J.G. Children; No. 401-56335-2014; 40Pt Judicial
District Court of Collin County, Texas (the "Collin County Lawsuit"). In Nash's
Amended Petition to Modify Parent-Child Relationship filed on May 21, 2015,
Nash specifically pleads for and requests that the geographic restriction on the
residency of the children be limited to Collin County, Texas. A true and correct
copy of Nash's Amended Petition to Modify Parent-Child Relationship is attached
hereto as Exhibit lA.
As shown below, by requesting a residency restriction that is directly
contrary to the relief sought in this appeal, any controversy regarding the jury's
finding limiting the residency restriction to the State of Texas is moot and the
Court of Appeals is divested of its jurisdiction, making a dismissal of Nash's
complaint on appeal proper.
Page3
II.
ARGUMENT AND AUTHORITIES
Under article V, section 8 of the Texas Constitution, the "judicial power
does not embrace the giving of advisory opinions." The Gen. Land Office of the
State of Texas v. Oxy U.S.A., Inc., 789 S.W.2d 569, 570 (Tex. 1990); University
Interscholastic League v. Buchanan, 848 S.W.2d 298, 303 (Tex. App.-Austin
1993, no writ). "It is axiomatic that appellate courts do not decide cases in which
no controversy exists between the parties." !d. Accordingly, if no controversy
continues to exist between the parties, the appeal is moot and the cause must be
dismissed. !d.
The relief requested in Nash's petition (that the geographic restriction be
limited to Collin County) is directly contrary to the relief sought by this Court of
Appeals. On one hand, Nash complains to this Court of the jury's finding
restricting the geographic residency to the State of Texas (as opposed to Travis
County or New York) and on the other hand seeks affirmative relief from the
Collin County District Court to limit the geographic restriction to Collin County.
Nash cannot have it both ways. By invoking the jurisdiction of Collin County
District Court and seeking affirmative relief directly contrary to the relief sought
by way of this appeal, there is no longer a controversy for the Court of Appeals to
decide with regard to the geographic restriction of the children and such issue
Page4
should be dismissed as moot.
Alternatively, to the extent the Court of Appeals determines a controversy
still exists with regard to the geographic residency restriction of the children, the
decision of the Collin County District Court can potentially contradict the decision
of this Court of Appeals. Therefore, alternatively, to the extent the Court of
Appeals determines that dismissal is not proper, Appellee requests that this appeal
be stayed pending the outcome of the Collin County Lawsuit so as to avoid
conflicting judgments.
m.
CONCLUSION AND PRAYER
The relief requested by Appellant Nash Gonzales in the Collin County
District Court contradicts the relief sought in this Court of Appeals, eliminates any
controversy regarding the geographic restriction on the residency of the children
and therefore divests this Court of jurisdiction over that issue. For the reasons
discussed above, Appellee Marissa Ann Gonzales respectfully requests that the
Court grant her Motion to Dismiss.
PageS
Respectfully submitted,
SAVRICK, S CHUMANN, J OHNSON, MCGARR,
KAMINSKI & SlllRLEY, LLP
ilson Shirley II
te Bar No. 00795647
Jessica Marcoux Hall
State Bar No. 24046348
The Overlook at Gaines Ranch
4330 Gaines Ranch Loop, Suite 150
Austin, Texas 78735
512-347-1604 Phone
512-347-1676 Facsimile
Email: wilson@ssjmlaw.com
Email : jessica@ssimlaw.com
ATTORNEYS FOR APPELLEE
MARISSA ANN GONZALES
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Thomas Cowart, counsel for Appellants,
by email on June 24, 2015 and he stated that he is opposed to this Motion to
Dismiss.
Page6
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Motion for Substitution of
Counsel has been served on the following via the Efile system on this 25th day of
June, 2015:
Thomas B. Cowart Via email: tom@tcowart.com
WASOFF & COWART, PLLC
100 North Central Expressway, Suite 901
Richardson, Texas 75080
Page 7
NO. 03-14-00117-CV
NASH JESUS GONZALES and § IN THE COURT OF APPEALS
GONZALES & GONZALES, P .C., §
Appellants §
v. § THIRD JUDICIAL DISTRICT
§
MARISSA ANN GONZALES §
Appellee § AUSTIN, TEXAS
AFFIDAVIT OF C. WILSON SIDRLEY III
STATE OF TEXAS §
COUNTY OF TRAVIS §
Before me, the undersigned Notary Public on this day personally appeared C. Wilson
Shirley III, being duly sworn under oath, he stated as follows:
"My name is C. Wilson Shirley III. I am over the age of eighteen years and competent to
make this affidavit. I am an attorney licensed to practice in the State of Texas. I am an attorney
of record for Appellee Marissa Ann Gonzales. As an attorney of record, I have personal
knowledge of the facts stated herein and they are true and correct.
Attached hereto as Exhibit "A" is a true and correct copy of Amended Petition to Modify
Parent-Child Relationship which was filed on May 21 , 2015 in the 40P1 Judicial District Court,
Collin County, Texas."
Further affiant sayeth not.
SWORN AND SUBSCRIBED before me this~ay of 0.\...U'\.{__ ,2015.
MARLA K. JONES
Notorv Public. State or Texa1
My Commlulon Expire.
February 11, 2019
Page 1
EXHIBIT 1
Exhibit
A
EXHIBIT lA
. .. . ......... .. ................
·I
8121/201 e SCANNED Page 1
. .
'
0~
NOTICEI THIS DOCUMENT t t i
I
CONTAINS SENSITIVE DATA ~
NO. 401-5§335=3014 d
IN THE INTEREST OF IN TBE.DlSTRICT CO~
B.N.G• .AND G.J.G. ' 401ST JUDICIAL DISTRICT
I COT~T.TN COTJNTY. Tla:Ar-1
AMENDE» PEUIJPN ro MQ»ux PAUNT-rnu·» RJI.ATIONSHJP
J. Dlscollu.pLev~
Discovery in this case is intended to be conducted under level2 ofRule 190 of
the Texas Rules of Civll Procedure.
2. PtU'tlu and Ord.r t1J B• Modified
This amended suit to modifY a prior order Is brought by Nash Jesus Gonzales,
Petitioner. Tho last three numbers of Nash Jesus OollZBlca's driver's license number
are . The last three numbers ofNuh Jesus Gonzales's Social Security number are
II Petitioner is the father of the children and has atandina to bring this suit. The
l'eqUested modlflcation will be In the best Interest of the chUdren.
Respondent ls Marissa Ann Msuto.
The order to be modifted is entitled A.mended/Correot«i Fl1tal De.cru of
Dlvorcs and was signed by the Court on Deoember 9, 2013.
AMI!NPEQ P&IlTJON TO MQDIEX IW!IIK[:QHI.D BS!..ADOHSH!P • P1Ga t
l!l9d9~ : s~ S~OU£~/90
9~0/£00'd
EXIDBIT lA
3. Jumdlctlon
This Court has coatinuins, exclusive jurisdiotfon ofthis suit.
4. CIIUdren
The followfna childrcm are the subject of this suit:
Name:
Sex:
Birthdate: -
County ofrcaidence: Collin County, Texas
J. Panla Aff•ctlld
The .following partiet~may bo aifected by this suit:
Name: Marissa Ann Magio
Rellltionship: Mother
Process should be served at or
wherever Respondent may be found.
6. ChUdNln 's Prop~rty
ANINQED PliTJDON TO MQDIJ!Y PAMNJ'=CHILD BE\ATION8ij!P • Pllg`` 2
li!Sd 9 ~ : SiL SilOUC~ /90
9 ~0/I>'OO'd S!i££Lt.£tlS(XVJ)
EXIDBITlA
There haa been no chan,ge of consequenoe in the status of the children's
property since the prior order was rendered.
1. Modifle``tlon ofConservatonhlpj Possushm alfll A.CUM andSUJ!]HJrl
The order to be modified is not bued on a mediated or collaborative law
settlement qreement. The circumstances of the children, a conservator, or· other
party affected by the order to be modified have materially and substantially changed
sin~e the date of rendition of the order to be modified.
The present living environment and conditlona may endanger the physical
health and education or significantly impair the emotional development of the
ahlldren. The safoty and welfare of the children are at risk. Tex. Fam. Code Ann.
Sect. 105.001.
A. Petitioner requests that tho rights and duties of the respective
consorvators of the children be modified to provide as follow.a: The Petitioner shall
be granted the excluaive rlaht to determine the ohlldren's prlmary residence within
Texas; or ln the alternative, the Respondent shall be restricted to the geographloal
area within Collln County, Texas.
B. Petitioner request& the followin& rlghta and dutles with roprd to the
children as joint managing conservator: all educational, medical, dental, surgical,
psychiatric, psycholoaical rfahta IUld duties, duty of cate, protection and reasonable
ANBEP psT1I!ON ro MQPIJC'f fWt!NT=CH!!.o B.!II..ATJONSH!e • Plge 3
i'!Bd 9~ : S~ S~OU£~ / 90
9~0/SOO ' d
EXIDBIT lA
dlsotpllne rights and duties. moral and religious training and development r!ihts and
duties, right to represent the children in any legal action or to make decisions of
sub.stantlal legal aignlflcanc~ right to consent to marri.aae or enlistment in the US
armed forces, right to servloes and eaminss of the children subject to the Texas
Family Code Section 264.0111, tight to act aa agent of the estate of the childMo,
right to manage the estate of a oblld and the rlabt to give receipt for periodic
payments for the support of the children and to hold or diabutso these funds for the
benefit of the children.
C. Petitioner requests the right to be the tie-breaker in all instances where
the parties are unable to como to a joint decision, or disagree on all isaues relating to
the children. includlna but not limited to the health, education, religious
development of the children.
D. Petitioner requeste that the terms and oonditlom for access to or
p088e88ion ofthe ohildren be modified to provide as follows:
1. Baual Posseglon- Petitioner shall have equal possession oftb.e
children all year, inolud!na but not limlted to each month dl.lrina
the regular school tmm and during aummer possession.
AMENDI!D PJDDQN TO MOQ!ll'/ PMI!Nf:CH!bQ MLAIIPN1'1!P • Page 4
~8d 9~ : S~ S~OUE: l /90
9~0/900'd SS££L1rL\r~6(XVJ)
EXIDBIT l A
2. Child's Birthday • If a.parent is not otherwise entitled to present
possession of the child on the child's birthday during the period
of 6:00 p.m. and ending at 8:00 p.m., tbat parent aball have
posseeaion ofthe child, along with the cblld's sibling, beglnnJlli
at 6:00p.m. and ending at 8:00p.m. on that day, provided that
that parent picks up the child from tho other parent's reaidenoe
and returns the child to that same place.
3. PaJ:ont's Birthday ~If a parent is not otherwise entitled to present
possession ofthe ab11d on the perent'a birthday during the period
of 6:00 p.m. and ending at 8:00 p.m., that parent shall ha.ve
possession of the child, along with the child's sibling, beginning
at 6:00 p.m. and onding llt 8:00 p.m. on that day, provided that
that parent pioks up the child from the other parent's residence
and returns the child to that same place.
4. Right of First Refusa] • If. Respondent, during a period of
possession of the children by Respondent, is unavailable for the
children's activities inoludlng, but not limited to, after school
oare and transportation of the children to and attendance at the
ohlldren's aotivi1ies, Petitioner shall have the first right to have
AMI!NDER PEiffiON TO MODIFY pABENt:CHILQ R!LADONSH!p • Page 5
1119d9~!S~ S~O<:/C~/90
9~0/lOO ' d
EXHIBIT lA
possession of the children In Ucu of Respondant designating
another competent adult forth, care or activities. ·
S. Undo&tsnate4 Periods of PQaeuion - Petitioner request~ the
right of possession of the children at all other timea not
apeclfloally deaignated In the= prior Orden.
6. ShaMs of InfQrmation • Petitioner requests that each
conservator provide timely notice to the other conservator of the
chlldren's sohedulea, educational events, lncludina report c:ards,
evaluations, church. or other extracurricular events, which notice
shall be facilitated through the use of OUr Family Wi28l'd
(www.ourfamilywtzard.com).
7. Bducat!.onal and Sa.ylni' Plans Petitioner requea~ the right and duty
w
to manage the educational 529 plan, aavinp plan, and other plans ofthe
children.
E. Petitioner requests the Court to appoint a parenting facilitator. There is
good oause for appointment of a parenfina facilitator in that this la a high~conflict
case, and the appointment would be in tho best interest oftho children.
F. Tho circumstances of the child or a person affected by the order have
AMeNDED pgrrtlON TO MQQ!f'l PA8ENf:CH!1.D BJLAT!ONSHP • PIOI 6
I'ISd 9l : S'~ S'~OU£~ /90
9~0/SOO 'd
EXHIBIT lA
materially and subatantiaUy changed since the date ofthe rencUtion ofthe order to be
modified, and the chUd support p~ment previously ordered should be decreased, or
Petitioner should not be ordered to pay ohUd support.
The support previousiy ordered is not in substantial compliance with the
guidelines in chapter 1~4 of tho Texu Family Code. Petitioner requests that any
decrease be made retroactive to the date of the material and substantial chanao of
P~titioner.
These amended requested moditlcations are in the best Interest of the
children.
8. R•IJ.uutfor TMfJJOI'tii'Y Ord1n
Petitioner requests the Court, after notice and hearing, to make temporary
, orders for the safety and welfare of tho children. including but not limited to the
followina:
A. Appolntlna Petitioner the exclusive right to determine the primary
residence of the children witb.ln Texas, or restricting the residence of
the children to Collin County. Texas.
AMENQIP PI!'J'SDptj TO MOC!F'f PABtjNMf1!1.0 8!1J.AT!ON!HIP • ~· 7
9L0/600 ' d
EXHIBITlA
B. Orantlng Petitioner equal access and possession of the children as
Petitioner all year, includlna but not Umtted to durlna the school year
and summer possession periods.
C. Grantin& Petitioner all education~ health and other rlghts and duties of
the children.
D. Permitting the Petitioner the right and du~ to manage the eduoationat
529 plan, aavinp plan, and other plans of the cblldxen with the
Respondent.
B. Appointina a parentina faomtator. There is good cause for appointment
of a Parentlna faollltator in ~ this is a hiah·confllct case, and the
appointment would be in the best interest of the children.
P. Orderfna the parties to participate In an alternative dispute resolution
process before trial of this matter.
G. Orderlna a pretrial conference to aimpliiY the issues in this case and
determine the stipulations of the parties and for any other matters the
Court deems appropriate.
AMRNQED PEJJDQN TQ MQPIFY PM&NT=QH!bD B!!LAJlONSHIP - Page I
9 ~ 0/0~0 ' d
1018d .l.~ : S' ~ S'~OUt ~ /90
EXWBIT lA
H. Ordering a modification of child support paid by Petitioner since a
material and substantial change in olrcumstancea hu occurred since the
date ofthe order to be modified.
9. RMJuntfor Atto,nq'l F•1111, lbqmutt, C01D, tmd biJtuvt
It wu necessary for Petitioner to secure the services of Christina I. Sookdeo
with Sookdeo & Associates, PC, licensed attorney, to preserve and protect the
children's rights. Respondent should be ordered to pay reasonable attorney's fees,
expenses, and costs throush trial and appeal, and a judgment should be rendered in
favor of this attomey and against Reepondent and be ordered paid direotly to
Petitioner's attorneys, who may enforce the judgment in the attorney's own name.
Petitioner requests post-Judgment interest as allowed by law.
10. Pivu
Petitioner prays that citation and notioe Issue as required by law and that the
Court enter ita orders ln accordance with the alloptiona contained in this petition.
Petitioner prays for attorney's fees, expenses, cosb, and interest as requested
above. Petitioner prays for general rellet:
Reepectfully eubmltted,
SOOKDEO & ASSOCIATES, PC
,WJ:NDIA fiKTITlQM IQ MODIFY fW!!!t«=CHILQ 8M-l1QN8HJP - Page I
SS£.££11L.11~6(X't'.:l)
!lied L~ : s L s ~ oun /90
9 ~ 0/``0'd
EXIDBIT l A
~;.f.•·~LQ!'"
Cllr~a L Sookdeo
Te.us Bar No. 24028001
5700 Grutte Parkway,
Sufte200
Plano, Tuu 75024
214387.6077 (Office)
214.432.6265 (Fac.llmBe)
cJarJ•tlua@lookcleo.com
Attorney for Petitioner, Nub Goual•
MENDER f'!!TillQN TO MOQtpY PABINT-Q:!I!.D I§.ADONSH!P • Page to
~8d L~ : SL SLOC:It:~ /90
s~on:~o ·d
EXIDBITlA
,.,.
.; .: ' . ·.
.' ..
COLLIN COUNTY DISTRJCT COURTS
OENSRAL ORDERS . .
or
. No put)' to this law.ult l\aa requeatr4'thla "order. Ralher. this order Ia I llaitdlna order
the Cotlin County Olatrlct CourU that applies In every dlvo'" tuft and every ault aftictina the
.-ront-dllld rotatfo.nshlp flied In Collin County. The Dlatrfct CourtJ of CoiUn C6unty havt
ldapced tltll ordor becaUJO th• putlct and lhelr chlldmlahoukt be pcotccted and their property
preacrved while the laws~ Is pendina belbn tho court. Therefore It II ORDERSD: .
' t.NO DISRUPTION OF ~H!Lp~ 1 Bothpartin are ORDERED to ttftaln ft'om doing 11\e
followIna aa&s eoncemlna.any chfl n who are a~o~bjec:u or this cue: ·
1.1 Removing the children from the State of row, actina d!rec:tJy or ln ~
wlth others, without tke written agreement or boU\ patties or an order of this
COurt. .
1.2 Disrupting or wlthdrawlna the children ftom 1he aoh~tGl or dt1-ctto factllty
where the clalldren are' p......Uiy tnroUod. without the written asreemont of
both parcnta or an order or thla Court. .
1.3 Hldin& or sccretbi; the ohlldrtn ftom 1hi other pttent or'Chanafns the chlldron'a'cummt
plteo orabode, without tho written qreenwn! or bolh parenla or an order of tbls Court.
I.4 DlaturblnJ the peace of lhe ohndren. • ..
' ·' Makin• dlsparaalna mnarks about eaoh other or the ochor peaon•a.r.mlly
membara. to lnolwle bot not be limited tD lho chlld't .,.ndpal'enta, aunts, uncloa,
or at.opparentL
1.6 Dlsoualn,i with tlw !ilhlldrtn, or Wlth·lrlY other penon In the presence o( the
children. any lltlpdon related to the c:hltdren or the other pany.
l.7 ICtbia ls M ortll1nal dlv.grcq ast!pn, allowina anyone with whom the party Ia
romantically involved. to remain over ni1ht In the homo wl\llo In possenlon p( '
tho ohfld. Oveml&flt Is detlned fto~ 10:00 p.m. untll 7:00.
t.m,
1 j;QNPUCI OF THE; PAR'(JES OUR!tfQ THE CAS£. Both putlea are ORDER.BD
to ret'raln from clolna the rollowlna acta: . .
2.1 Uslna vulpr, prof811e," obscene, or indec:cnt lan"uq.e, or •coarse or offensive
manner to c:ommunloate wllh the other l)lrty, whether In person. by tetephone, or
In wrltlna.
2.2 · Thtoatenina the.othcr pany In peraon, by telephone, or In wrltlns to take
unlawfUl aotlon IQ&Inat amy person. .
2.:1 Placing one or more telephone calla, at an unrtasonable hour, In an ofl'enslve or
P.•l•1 of4
..
9~0/E:~O ' d
EXIDBIT lA
:
' ' .
tepetltlcuamanncr, without a lqltlmate purpose or communloatlon. or
anonyrnouaty.
2.4 Opcnlna or dlmtlna maJiaddreacd 10 the other party.
3. PRBSgBYAIIQN QF PBQPE&TY AND USE op FUNQS DUBJNO DIYOP.CS CASB. Jf
lhlllt a dlvorco CIM, both panics 1o lhe miiTiap are ORDER.ED to rotl'ain ftom dolag tho·
rollowlnaaou:
J .t Ocmo)'fn~o nmovina; concealinJ, encumberlna, tranall:rTII'IIo or olherwiso
harmtna or reducfna the value of the propen.y ofone or both o£the panl••·
3.2 Mlaroprenntln; or rof\&lina 10 di~IDH to tho other part)' or to the Court, on
proper request. the existence, amount, or location of any pn>perty orone or
both of tho parties. · 0
•
J.J DmnaafDI or daqoylns the tqlblo property or one or both of dac pvtln,
lnclw!tna In)' docum~mt that l'lptenntl Ot embod lea trlYOilnJ of value.
3.4 Tamf*lna with tbe tanafble property or one or both of the parties, lncludtns
any daounwu that teptetellts or embodlnanythlng of value, and causll\1
pecuniary to" \0 tba ather party.
l.S SDIIfna. tr~rcrrlnJ, ustplfti, morta-olns. oncumbtrlna. or In my other mann•r
allenatlna any ottba property ofoltbcr party, whether JS0110nal property or real
utata property, tDd whether Hparatl or community, ~oept as epeclftoally
authorhed b)ltbls ordet. ·
3.5 lncurrl~.aeny lndebtedllea, otbtr than lepl expenae in OOZ!nRIJon with thla
IMilt. exoept u apeolflcaUy tuthori:ad by this arder.
3.7 Maldfl8 wllhdrawall ft'om any checktna or •Yinp toeount In 1n1 ftnanoial
lnttitution far my purpoae, otcept aepectftcally authorized by lhlr order.
3.8 Spe``dlna any sum of cub in either pany'e J'OIIQiion or •ubJ•et to either P•T\1'1
control fOr any purpose, except u Jpeoltlc:ally authorized by thl1 order.
3.0 Wlthdrawlna or borrowlna In IllY manner for any PIUJKI" fl\1m any retltement,
proftt•sharfn~o pension, death, or other employee benon1 plan or employee
aa\'lnp ptan or ftoln any lndlvldual tetltemeD1 account or Keoah accouac.
e)(Q.Cpt •tl]lactftc•Uy authorized by thia omr.
3.10 Sf&nlna or endorllnJ tt. o\hor pany•a name or 1ny neJI)tlablo tnsrrument,
check, or draft, auch u '-X rcf\lnda. inluranoo paf.JnCnls, and dfvld•nd•, or
anemptlnato neaotlate any neJOtJ-blelnsuument P'l)'able to the other I*1Y
wUhouL the pusoallalanetura of tbe other party.
3.11 Taking any aedon to tennlnatt or llml\ ertdlt or cbarae cardlln the aame of tho
other~.
3.12 Em.erina. opentJq. qr exerclslna control over the motor velricle in the
po1tenf011 of the other l*t)'.
3.13 Ofaec>ntlnulnsoralterina·tho wlthholdlna !'or rederal Income taxes on waao• or
ll&laty whJio thl1 auit Is pendlna. o •
3.14 Tcrmllllldns or In any manner a~tlnil the service orwater•.olectrlolt.,v, au.
telephone, cable televbton, or other contractual aervlcOJ, 1uah u sccrurlt)', pelt
control, landscaping. or yard malnttnanc:~t at the other pany's residence or In any
manner atlem,ptlna to withdraw any dopotlll fbr Nrvlce !11 COMeclfon with IIIah
1'11112014
1118dl~ : s~ S~OU£ ~ /90
9 ~ 0 /tr ~ O ' d
EXWBIT lA
.,
'"' ·.
.,
.ervlce1. .
. . .
3.ls rnterccpdna or recordlnsl'ht other pWt)''• eteotta'lto c:ommunloadona.
. .
~ PBBSOt£AL t\MD BUSINB8S R~·Ih' DIVORCE C,\SE. tf tblsla a dfvon:e care,
bolh pattlo• to the marrlaao are OR.DERSD to nsfhlill tRim d.olna the tblloWina acts:
4. t ·Con=-llna or doawyln8 .ay M!ly reco.rdl, property racords. t1nauclal records,
bl.Wncu ~reb or any records of' Income, debit, or other o"UIJ&tlona.
4.2 Falaif¥1111 any writln1 or record relatlas to the.p.ropotty oreither party,
, 4.3 "RecordI" includ,e o-mall or other dialtal or tlectronlo data, whether storfd on a
cornputtr ~ drive, d!Jlcctte or otherolectronfc atoraso device.
.5.fNSVBANCB IN PIYOR(j:S case.
lflhlllll dlvorc~ocase, both parties to the marriap 11'0 '
ORDERBO to robin no.mdolna tho followlna ~ta: · .
~.I WltbdrawJna or. borro~ In any manner.all Of uy pert ofebo cllb sUSTender
vatU. of lifo iniUrance p<,uotu on the life orelthtr party, ~ciept q speoiQcaUy
authortzed by thll order. . ' ·
!.2 Cban&tna or In lfty maMer lltorlna tho bon6llol.ary dlllanatloo on IllY ltre
blauran90 on the llftf of.tther party or tl'le partia' ¢hlldm1.
• 5.3 Cancellna, altertna. or In any llW1.ntl' afl'tot£ng ariy casualty, aucomobll.. or hlllldt ·
lnaurance P91loltalnaurfna the parties' property of pet~GM lnchadJna tht partlos'
minor ohll~. . · ·
(j, BPSCIP{Q AUTHQRIZAIIQ~S ItiQJVORcB CAS$. lfthlala a divorce cue, both parties
to the marrlaae . . tpeclflcally autborlzed to do tho followlna:
6.1 To enpaa in acta teuc~nablyand MottSIIY co the conduc:t ofebat pt.rty'a "'ual
businua and ~ation. . . · .
6.2 To make •xpendltma and lnour lndebtoclnau tor rM$0111bl• attorney'• r,ea and
OXpeDIOI fn c:onnecdon With ddt 1\llt.
6.3 To make expenditure~ &1\d Incur Indebtedness for reuonable and nece.s..-y llvlna
upen... f'or food, aJochina. abolttr, transportation and medical oaro.
6.4 To makt wlthdtawala ft'om tceOUI\tl In t1nanclal lnatitutiona only for the purpoK~
. authorlad ,b)I:Chfs order.
7, BERYICS ANp APPYCADQN OP 1JU8 ON)BR,
7.1 The P•Utloner ahallattaoh a copy ofthl.t Cltdcr to the orialul petlllon and to each ·
copy oftf1e petition. At the time the petition fa tiled, It the Petitioner ha falllld to
attach.• copy ofthll order to tbe potJtlon ead any oopy ofthe petltloo, theCJork
ihall onaure that a copy of' thlt order·la alt&cl\ed to the petition lt\d fiV«'I copy or
the petition SlftMnted. · ·
7.2 This order Is effilctlve upon the filing of the original petition an.d lhaU remain Ia
1\111 force and etteat •• a ternporery ratralolna OtIN£tr~8(XV.:I)
EXWBIT lA