Justin v. Haynes v. Alicia Bryan Haynes ( 2015 )

ACCEPTED
04-15-00107-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/15/2015 3:10:10 PM
KEITH HOTTLE
CLERK
No. 04-15-00107-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 07/15/2015 3:10:10 PM
FOR THE FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE
AT SAN ANTONIO Clerk
JUSTIN V. HAYNES,
APPELLANT
V.
ALICIA BRYAN HAYNES,
APPELLEE
On Appeal from Cause No. 2012-Cl-14023, In the 166th Judicial District Court of
Bexar County, Texas, Honorable David Canales, Presiding
UNOPPOSED MOTION TO ABATE APPEAL OR TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant Justin V. Haynes respectfully requests that this appeal
be abated or the time to file his brief be extended until 30 days after the
proceedings conclude in the trial court and the complete appellate
record is filed in this Court. This is his first request for an extension of
time to file his brief. The requested extension is unopposed.
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. Appellant’s brief is
due to be filed by July 16, 2015.
However, the trial court rendered a Modified Judgment on June
16, 2015. As a result, Appellant filed his Request for Findings of Fact
and Conclusions of Law on July 6, 2015, and his Motion to Modify
Judgment and Motion for New Trial on July 7, 2015. Those motions
remain pending in the trial court. Because the request for findings and
conclusions and the pending motions might affect the pending appeal,
or render it altogether moot, and the parties will be supplementing the
current appellate record to include the Reporter’s Record from the June
5, 2015 hearing and the additional filings that resulted in the Modified
Judgment as well as the filings subsequent to the trial court’s rendering
on of the Modified Judgment, Appellant respectfully requests that this
appeal be abated or the deadline for filing his brief be extended until 30
days after the trial court proceedings conclude and the complete
appellate record is filed in this Court.
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II.
The requested abatement and extension are 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.
III.
CERTIFICATE OF CONFERENCE
The undersigned conferred with counsel for Appellee, who stated
that Appellee is not opposed to the relief sought in this motion.
WHEREFORE, PREMISES CONSIDERED, Appellant Justin V.
Haynes respectfully requests that the Court grant his motion to abate
this appeal or to extend the time in which to file his brief and abate this
appeal or extend the current deadline for filing his brief up to and
including 30 days 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.
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Respectfully submitted,
/s/ Ryan G. Anderson
Ryan G. Anderson
State Bar No. 00783546
LAW OFFICES OF RYAN G. ANDERSON, 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
ATTORNEYS FOR APPELLANT
JUSTIN V. HAYNES
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CERTIFICATE OF SERVICE
I certify that a true copy of the above was served in accordance with the
Texas Rules of Civil Procedure on July 15, 2015, on the following:
Eric Lipper Biff Pennypacker
Whitney N. Rawlinson Wilson, Pennypacker & Thompson
Hirsch & Westheimer, P.C. LLP
1415 Louisiana, 36th 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
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