No. 04-15-00107-CV

 

IN THE COURT OF APPEALS

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO

 

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 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 2, 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 

ACCEPTED

04-15-00107-cv

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/9/2015 1:00:22 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/9/2015 1:00:22 PM KEITH E. HOTTLE Clerk
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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. As a result, Appellant will be required to file a new round of 

post-judgment pleadings, including his Request for Findings of Fact and 

Conclusions of Law, Motion to Modify Judgment and Motion for New 

Trial. Because the request for findings and conclusions and the pending 

motions might affect the pending appeal, or render it altogether moot,

and the parties must again supplement the current appellate record to 

include the Reporter’s Record from the subsequent post-judgment 

hearings and the additional filings that resulted in both modified 

judgments as well as the filings subsequent to the trial court’s 

rendering of of the latest modified judgment, Appellant respectfully 

requests that this appeal continue to be abated until the trial court 

proceedings conclude and the complete appellate record is filed in this 

Court.

 

 
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II. 

The continuation of the abatement is 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.

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

(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
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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 September 9, 2015, on the following:

Eric Lipper

Whitney N. Rawlinson

Hirsch & Westheimer, P.C. 

1415 Louisiana, 36th Floor

Houston, Texas 77002

Attorneys for Alicia Bryan 

Haynes

Jo Chris Lopez

Rob Ramsey

Langley & Banack, P.C.

745 E. Mulberry, Suite 900

San Antonio, Texas 78212

Attorneys for Alicia Bryan 

Haynes

Biff Pennypacker

Wilson, Pennypacker & Thompson 

LLP

8620 N. New Braunfels, Suite 101

San Antonio, Texas 78217

Attorneys for Alicia Bryan Haynes

 /s/ Ryan G. Anderson

Ryan G. Anderson