COLLEEN DICKINSOON

APPELLANT

V.

BRIJCE DANA H,A,IIDESTY

APPEt,t,EE

lì_EstÌ_o-NtpltoAPP_|ìLLANT1S,M_O_IIQNIqREINS]T4TE

TO THE I]ONORABLE COURI'OF AI)PEALS:

Appellee asks the Court to cleny Appellant's Motion to Reinslate this appeal.

L.r support ol'his request, Bluce Dana I Iardesty submits the following:

l. Appellant is Colleen Dickinson; Appellee is l}'uoe Dana llaldesty.

2. 'l'he 353"1 Distlict Court of û'avis County,'l-exas signecl the final .judgment in the

r"rndellying case In the Mottet (í'the A4arriuge oJ'Ilruce Duna I'lardesty ttnd Colleen Dickin,:;on

I'Iurdesry,, cause numbel D- 1-FM- I3-006978 on October 6,20|4.

3. Appellanl frled l?.espondent 's Not ice of lppeal (CleLh's Rccolcl p. 3 3) on Jar.ruary

2,2015.

4. ì-he clelk's lecord was filed on March 18, 2015 ancl a supplemental olelk's record

was hled on Aplil 30, 2015. 'lhe coult reporter's recold has not been lìlcd to date.

5. Ihe Court l.ras autl.rolity to clismiss this appeal f'ol want of plosecution Tex. R.

App. P. 42.3(b).

6. Appellant's brief was due on April 16,2015. More than twerty-two weeks have

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has nol. macle al'r'allgelì1e1.ìts to pay l'or the cour:t reporter''s recol'd. T'he Conlt has given appellanta reasonable time 10 cure. br-rt appellant still has not made anangements to pay the clelk. Underthe Tex. R. App. P. 37.3(c), the Court may clismiss this appoal.

8. Bascd on Appelltrnt's Verilìed Motiot't to lleinstote, Appellant appears to be

appealing the denial of spouserl maintenance by the tr'Ìal cour1. Appellant's final lequest for'

affir'nrative lelief ptiol to tlial was l?es7:sondent's Counlerpelilion.lòt, Counterclctinr,r (C.R. p. 3)

filed on ApLil 1 4, 2014 t"r which she did r.rot request spousal maintenance . At final ¡ ial,

A¡rpellant olally leqr"tested spousal tnaintenance, Appellanl lestified that she had been diagnosed

with lupr-rs sevelal yeals belòr'e hel l)ecembcr'2011 rnaltiage to Appellee, and she was unable towolk. No otl.rel evidence of her disability or inability to work was olfeled. Appellee disputed

her testimony. Texas Family Cocle Section 8.051 states that a Court may ot'del spousal

Iltaintenauce i1"'the spouse seeking nraintenance is unable to eam sufhcicnt income to plovidefor the spouse's minilrrum reasonable needs because ol an incapacitaling physical ol mental

disability." l'he Coult denìed Appellant's lequest for spousal maintenance, but no 1Ìndings ollàct wele confained in the Final Decree of Dit,orcc (C.R. p. 27) and Appellant lias r.equested

none. lu sholt, AppelÌee believes it's unlikely that Appcllant will plevail on appeal.

9. Fol' these reasous, appellec asks the Court to deny this rrotion and disnliss this

appcal.

Bt'uce Dana llardesty also lespeclfuJly plays fol such othel ancl lutthel leliefto which she

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Austin, Texas 78701

Tel: (512)708-0947

Fax: (512)708-8436

VERIFICATION

STATE OF TEXAS

COUNTY OF TRAVIS

BEFORE ME, the undersigned aurthority, on this day personally appeared R. Shane

McFarland, who after being by me fìrst duly sworn, upon I'ris oath stated that he is lead counsel

f-or Bruce Dana Harclesty in this proceeding, that he has read the foregoing Response to

Appellant's Motion to Reinsate including all of the factual statements contained in it. Each of

the factual statements is true and correct to the best of my knowledge.

In addition, I certify that all of the documents attached hereto are true and correct copies.

SWORN TO AND SUBSCRIBED before me on the 2nd day of r,2015.

r{'¿,t

Michelle Iglesias ',

By:

State BarNo.24006141

shane@ mc farl and - I aw. co m

Attorney for Appellee

MICHEI.IE IGITSIAS

MY COMMISSION EXPIRES

Jmo 1¿1, ã¡18

Notary Public, Staie

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CERTTFTCATE OF COMPLIANC_E

I hereby certify that the substantive word count of this document is 685 words, and is

within the length allowed by the rules.

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