in the Interest of J.F.B., E.C., A.J.C., and A.L.C. ( 2015 )

ACCEPTED
04-15-00234-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
5/20/2015 5:29:25 PM
KEITH HOTTLE
CLERK
No. 04-15-00234-CV
FILED IN
IN THE INTEREST OF § 4th COURT
IN THE COURT OF APPEALS
OF APPEALS
SAN ANTONIO, TEXAS
§
5/20/2015 5:29:25 PM
J.F.B. ET AL., § FOURTH DISTRICT OF TEXAS
KEITH E. HOTTLE
§ Clerk
CHILDREN § SAN ANTONIO, TEXAS
APPELLANT L.C., JR.’S FIRST AMENDED MOTION TO ABATE,
RECALCULATE DUE DATES, AND/OR REMAND FOR NEW TRIAL
TO THE HONORABLE FOURTH COURT OF APPEALS:
(Appellant L.C., Jr. has amended this motion to correct the reference to the
TEXAS RULES OF APPELLATE PROCEDURE in paragraph 4).
Appellant L.C., Jr. requests this Honorable Court to abate this appeal,
recalculate the due dates of the appellate briefs, and/or remand the case back to the
trial court for a new trial, and would show in support thereof:
THE REPORTER’S RECORD APPEARS TO BE INCOMPLETE
1. Appellant L.C., Jr. timely requested the reporter’s record in this appeal and
specifically requested inclusion of copies of all exhibits moved into evidence. See
Clerk’s Record, pp. 62-63. After reviewing the copy of the reporter’s record
provided to Appellant L.C., Jr., and after counsel for L.C., Jr. conferred with the
Clerk’s Office of this Honorable Court, it appears that the court reporter provided
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a listing and index of the exhibits moved into evidence, but no copies of the
exhibits. See Reporter’s Record, in toto and vol. 4.
2. The trial court expressly noted in its rendition its reliance upon the
exhibits moved into evidence as a basis for its judgment. See Reporter’s Record,
vol. 3, p. 184, line 21-p. 185, line 1. Appellant L.C., Jr. would suggest that these
exhibits are thus presumptively necessary to the resolution of this appeal. See TEX.
R. APP. P. 34.6(f)(3).
3. Therefore, Appellant L.C., Jr. requests this Honorable Court to enter
appropriate orders and/or direct the court reporter to supplement the appellate
record with true and correct copies of the exhibits moved into evidence at trial.
Pending such supplementation, Appellant L.C., Jr. requests this Honorable Court
to abate the appellate proceedings until such time as the court reporter complies,
and then upon the filing of said exhibit copies, recalculate the due dates for the
appellate briefs.
4. Alternatively, and failing the aforementioned reporter’s record
supplementation of the exhibit copies, Appellant L.C., Jr. requests this Honorable
Court to remand the case to the trial court for a new trial. See TEX. R. APP. P.
34.6(f).
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PRAYER
For the reasons stated above, Appellant L.C., Jr. requests this Honorable Court to
grant the foregoing relief requested or such further or other relief as this Honorable
Court deems appropriate at law or in equity.
Respectfully submitted,
By:
Mr. Terry "Ty" Wesley Baker
Texas Bar No. 24036174
BAKER LAW OFFICE
6775 State Highway 123 North
P.O. Box 33, Geronimo, Texas 78115
Tel/Fax (830)401-4565
twb@baker-law.net
Attorney for Appellant, L.C., Jr.
CERTIFICATE OF CONFERENCE
I certify that I made a good faith effort to confer with all counsel of record
on May 16 and May 19, 2015, via email communication, and only one party has
responded, said party indicating neither opposition nor agreement to the foregoing
APPELLANT L.C., JR.’S MOTION TO ABATE, RECALCULATE DUE DATES,
AND/OR REMAND.
Mr. Terry "Ty" Wesley Baker
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CERTIFICATE OF SERVICE
I certify that on May 20, 2015, a true and correct copy of the foregoing
APPELLANT L.C., JR.’S MOTION TO ABATE, RECALCULATE DUE DATES,
AND/OR REMAND was served to each person listed below by the method
indicated and pursuant to the TEXAS RULES OF CIVIL PROCEDURE.
Mr. Terry “Ty” Wesley Baker
Mr. Jerry Reyes
Attorney for Appellee/Texas Department of Family and Protective Services
via e-service to: Jerry.Reyes@dfps.state.tx.us
Mr. Gerald Anthony Uretsky
Attorney for D.D.B., Appellant/Respondent Mother
via e-service to: uretsky@msn.com
Ms. Lisa D. Duke
Attorney for D.B., Appellant/Intervenor
via e-service to: lisadukelaw@hotmail.com
Ms. Amanda Flewellen
Attorney ad litem for Subject Children
via e-service to: af@cookefirm.com
Ms. Trisha Morales-Padia
Attorney for G.F., Respondent Father
via e-service to: padia.trisha@gmail.com
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