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

ACCEPTED
04-15-00107-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/14/2015 5:36:18 PM
KEITH HOTTLE
CLERK
No. 04-15-00107-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 12/14/2015 5:36:18 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
APPELLANT’S FIFTH ADVISORY REGARDING
STATUS OF TRIAL PROCEEDINGS
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 21, 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.
On September 21, 2015, the Court continued the abatement until the
trial proceedings are final, provided that Appellant provide an advisory
regarding the status of the trial court proceedings every three weeks,
beginning October 12, 2015. Appellant provided his second advisory on
October 12, 2015. Appellant provided his third advisory on November
2, 2015. Appellant provided his fourth advisory on November 23, 2015.
In accord with the Court’s order, Appellant now provides his fifth
advisory.
II.
On November 13, 2015, the trial court rendered its fourth
judgment in this proceeding, reversing itself on one key finding and
reinstating the parties’ divorce. Appellant requested findings of fact
and conclusions of law on December 3, 2015, and filed his motion for
new trial on December 13, 2015. There is also pending in the trial court
Appellee’s motion to substitute copies of exhibits to replace the original
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trial exhibits that cannot be located. The Court is required to hold a
hearing on that motion.
The trial court will be required to rule on the motion for new trial,
respond to Appellant’s request for findings of fact and conclusions of law
with regard to the latest judgment, and hold a hearing on the motion to
substitute the trial exhibits. That hearing is not currently set.
III.
The continuation of the abatement is not sought for purposes of
delay. Rather, this request is made to ensure that the issues eventually
raised in this appeal are narrowed to the greatest extent possible and
then 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
LAW OFFICES OF RYAN G. ANDERSON, PLLC
115 E. Travis, Suite 1403
San Antonio, Texas 78205
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(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 December 14, 2015, on the following:
Eric Lipper Biff Pennypacker
Michael Conner 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
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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