Mary Ann Castro v. Manuel Castro ( 2015 )

ACCEPTED
041400785CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
5/18/2015 4:02:13 PM
KEITH HOTTLE
CLERK
COURT OF APPEALS NO. 04-14-00785-CV
TRIAL COURT CASE NO. 2011 CI 15957 FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE MATTER OF § IN THE DISTRICT COURT
05/18/2015 4:02:13 PM
THE MARRIAGE OF §
KEITH E. HOTTLE
§ Clerk
MANUEL G. CASTRO § 45th JUDICIAL DISTRICT
AND §
MARY ANN CASTRO § BEXAR COUNTY, TEXAS
RESPONSE TO COURT’S REQUEST REGARDING
STATUS OF BRIEF FOR APPELLEE
This Response is brought by Appellee, MANUEL G. CASTRO, by and through his attorney,
JOSEPH P. APPELT, who shows in support thereof:
1. Undersigned counsel was the trial attorney of record for Appellee, MANUEL G.
CASTRO;
2. Subsequently, after the Hon. Judge Janet Littlejohn entered the final order in this case,
said order being titled Final Decree of Divorce, a Notice of Appeal was filed by Appellant’s then
attorney of record;
3. Subsequent to the filing of the Notice of Appeal Appellant’s attorney withdrew and
Appellant proceeded pro se;
4. On or about December 29, 2014 Appellant filed certain documents, including an
Affidavit of Indigency in this matter;
5. At the request of Appellee, undersigned counsel filed a response to contest the Affidavit
of Indigency;
6. Undersigned counsel agreed to draft, file and represent Appellee in his contest of
Appellant’s Affidavit of Indigency, knowing the said contest would be heard at the trial court
level;
7. Appellant did not and has not since secured the services of counsel for further
proceedings related to this appeal;
8. Undersigned counsel has made numerous attempts to contact Appellant regarding the
pending appeal and the status thereof without success;
9. In addition, undersigned counsel was under the mistaken impression his assistant had
previously filed a Motion to Withdraw with this Court to properly reflect the cessation of
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representation in this appeal and only discovered said motion had not been filed upon receiving
notice of the past due Appellee Brief;
10. Undersigned counsel has filed a Motion to Withdraw simultaneously with this Response
and requests the Court to grant the said Motion to Withdraw;
11. In the alternative, undersigned counsel requests the Court grant an extension of time to
prepare and file a brief on behalf of Appellee.
Respectfully Submitted,
Joseph P. Appelt, P.C.
5825 Callaghan Rd., Ste. 104
San Antonio, Texas 78228
210/375-1212 (Telephone)
210/375-1213 (Telecopier)
By:
JOSEPH P. APPELT
SBN: 00789809
ATTORNEY FOR MANUEL G. CASTRO
APPELLEE
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on May 18, 2015.
JOSEPH P. APPELT
Attorney for MANUEL G. CASTRO
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