in Re Greg Todd ( 2015 )

ACCEPTED
14-15-00412-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/6/2015 4:11:06 PM
CHRISTOPHER PRINE
1 4- 15-00412-CV & 14-15-00413-CV CLERK
No. ______________________
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS 5/6/2015 4:11:06 PM
FOR THE FOURTEENTH DISTRICT OF TEXASCHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
__________________________________
In re
GREG TODD,
Relator
__________________________________
Judge Alicia Franklin, Respondent
__________________________________________
PETITION FOR EMERGENCY MOTION TO STAY
ENFORCEMENT AND MODIFICATION HEARINGS
WANIES-GUIRGIS, PLLC
Christina Wanies-Guirgis
Texas Bar No. 24084772
9555 W. Sam Houston Pkwy S., Suite130
Houston, Texas 77099
Telephone (832) 582-8331
Facsimile (832) 379-7490
WaniesGuirgisLaw@Gmail.com
ATTORNEY FOR RELATOR, GREG TODD
LIST OF PARTIES AND COUNSEL
Relator certifies that the following is a complete list of parties, attorneys,
and any other person who has any interest in the outcome of this lawsuit:
RELATOR
Greg Todd
c/o Mrs. Christina Wanies-Guirgis
9555 W. Sam Houston Pkwy S., Ste. 130
Houston, Texas 77099
COUNSEL FOR RELATOR
Christina Wanies-Guirgis
WANIES-GUIRGIS, PLLC
9555 W. Sam Houston Pkwy S., Ste. 130
Houston, Texas 77099
Telephone: (832) 582-8331
Facsimile: (832) 379-7490
RESPONDENT
The Honorable Alicia Franklin
Judge Presiding, 311th Judicial District
201 Caroline
Houston, Texas 77002
Telephone: (713) 274-4580
REAL PARTY IN INTEREST
Katrina Hunter
c/o Marcia Zimmerman and Kristen Black
400 North Texas Avenue, Suite C
Webster, Texas 77598
COUNSEL FOR REAL PARTY IN INTEREST
Marcia Zimmerman
Kristen Black
The Zimmerman Law Firm
400 North Texas Avenue, Suite C
Webster, Texas 77598
Telephone: (281) 557-1300
Facsimile: (281) 557-1344
This motion is brought by Greg Todd, Movant who shows in support:
1. On May 6, 2015, a Petition for Writ of Mandamus was filed with the
Court of Appeals. The petition, if granted, will have a substantial effect on the
enforcement and modification hearings that are scheduled for May 7, 2015, in
Cause No. 2014-28650.
2. In addition, an order against Movant would unfairly burden the
Movant. Movant was not present at the December 18, 2014 hearing on the
temporary orders, not due to his own volition or mistake. Movant was not given
proper and adequate notice. Furthermore, counsel for Respondent, Katrina Hunter,
and the court had knowledge and were put on notice of the Movant’s schedule.
Movant resides in Florida and scheduled his flight in accordance with his
Christmas visitation. Movant informed all parties on numerous occasions that his
flight landed in Houston, Texas at 8:25 P.M. on December 18, 2014. Despite their
knowledge, Respondent’s counsel scheduled the hearing date for December 18,
2014 at 9:00 A.M., thereby ensuring that the Movant could not attend the hearing.
3. Further, Movant cannot attend the hearings scheduled for May 7, 2015
as he is an indigent living in Florida and has recently had knee replacement surgery
and is prohibited from traveling.
4. The subject matter of the aforementioned cause has been litigated in
several courts, spanning three states and has lasted since 2008. Therefore, it is
imperative that the Movant be permitted to attend each and every hearing date in
this case.
5. Relief Requested
Movant respectfully asks the Court to order the trial court to stay the
hearings pending a ruling on the Petition for Writ of Mandamus.
Greg Todd prays that the Court grant this motion.
Respectfully submitted,
/s/ Christina Wanies-Guirgis
Christina Wanies-Guirgis
Texas Bar Number 24084772
9555 W. Sam Houston Parkway S., Ste 130
Houston, Texas 77099
Tel: (832) 582-8331
Fax: (832) 379-7490
WaniesGuirgisLaw@gmail.com
Attorney for Movant, Gregory Todd
Certificate of Service
I certify 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 6, 2015.
/s/ Christina Wanies-Guirgis
Christina Wanies-Guirgis
CERTIFICATION OF SERVICE
I certify that a true copy of this Petition for Writ of Mandamus was served in
accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on each party
or that party’s lead counsel as follows:
Party: Katrina Hunter
Attorneys: Marcia Zimmerman, Kristen A. Black, and Lindsay S.
Lutterbie of the Zimmerman Law Firm, LLP
Address of service: 400 N. Texas Ave., Suite C, Webster, Texas 77598
Method of service: Regular mail and 281-557-1344
Date of service: May 6, 2015
Party: The Honorable Alicia Franklin, Judge Presiding, 311th
Judicial District
Address of service: 201 Caroline, Houston, Texas 77002
Method of service: Regular mail and efiling
Date of service: May 6, 2015
A copy of this notice is being filed with the appellate clerk in accordance
with rule 25.1(e) of the Texas Rules of Civil Procedure.
/s/ Christina Wanies-Guirgis
Christina Wanies-Guirgis
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rules of Appellate Procedure 9.4, I hereby certify that this
Petition of Writ of Mandamus contains 791 words. This is a computer-generated
document created in Microsoft Word, using 14-point typeface for all text, except
for footnotes which are in 12-point typeface. In making this certificate of
compliance, I am relying on the word count provided by the software used to
prepare the document.
/s/ Christina Wanies-Guirgis
Christina Wanies-Guirgis
Attorney for Relator