No. 04

- 15

- 00107

- CV

I N THE C OURT OF A PPEALS
FOR THE F OURTH D ISTRICT OF T EXAS
AT S AN A NTONIO

JUSTIN V. HAYNES , A PPELLANT
V

.

ALICIA BRYAN HAYNES , A PPELLEE

On Appeal from Cause No. 2012 -Cl- 14023, In the 166 th Judicial District Court of Bexar County, Texas, Honorable David Canales, Presiding

A PPELL ANT ’ S A DVISORY R EGARDING S TATUS OF T RIAL P ROCEEDINGS

TO THE HONORABLE COURT OF APPEALS:
Appell ant 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 j udgment

rendered by the trial court. The notice of appeal was filed on February

1 6, 201 5

. 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 CLERK2 Record was filed on May 4, 2015 and June 16, 2015. The trial court
rendered a Modified Judgment on June 16, 2015.

Appellan t ’ s brief wa s 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 thi s 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 m odified

j udgment s as well as the filings subsequent to the trial court’s

rendering o f of the latest m odified j udgment, Appell ant respectfull y

request s that this appeal continue to be abated until the trial court

proceedings conclude and the complete appellate record is filed in this

Court

.3 II.

Th e 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, Appell ant Justin V.

Hayne s respectfully request s that the Court continue to abate this

a ppeal 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 L AW O FFICES OF R YAN G. A NDERSON , PLLC 11 5 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.com4 ATTORNEY S FOR APPELLANT JUSTIN V. HAYNES5 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 , 201 5 , on the following:

Eric Lipper Whitney N. Rawlinson Hirsch & Westheimer, P.C. 1415 Louisiana, 36 th 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 Braunfel s, Suite 101 San Antonio, Texas 78217 Attorneys for Alicia Bryan Haynes

/s/ Ryan G. Anderson Ryan G. Anderson