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 

 

UNOPPOSED MOTION TO ABATE APPEAL OR TO EXTEND TIME 

TO FILE APPELLANT’S BRIEF 

 

TO THE HONORABLE COURT OF APPEALS: 

 Appellant Justin V. Haynes respectfully requests that this appeal 

be abated or the time to file his brief be extended until 30 days after the 

proceedings conclude in the trial court and the complete appellate 

record is filed in this Court. This is his first request for an extension of 

time to file his brief. The requested extension is unopposed. 

 

 

ACCEPTED

04-15-00107-cv

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/15/2015 3:10:10 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/15/2015 3:10:10 PM KEITH E. HOTTLE Clerk
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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 

Record was filed on May 4, 2015 and June 16, 2015. Appellant’s brief is 

due to be filed by July 16, 2015. 

However, the trial court rendered a Modified Judgment on June 

16, 2015. As a result, Appellant filed his Request for Findings of Fact 

and Conclusions of Law on July 6, 2015, and his Motion to Modify 

Judgment and Motion for New Trial on July 7, 2015. Those motions 

remain pending in the trial court. Because the request for findings and 

conclusions and the pending motions might affect the pending appeal, 

or render it altogether moot, and the parties will be supplementing the 

current appellate record to include the Reporter’s Record from the June 

5, 2015 hearing and the additional filings that resulted in the Modified 

Judgment as well as the filings subsequent to the trial court’s rendering 

on of the Modified Judgment, Appellant respectfully requests that this 

appeal be abated or the deadline for filing his brief be extended until 30

days after the trial court proceedings conclude and the complete 

appellate record is filed in this Court.
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II. 

The requested abatement and extension are 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.

III.

CERTIFICATE OF CONFERENCE 

The undersigned conferred with counsel for Appellee, who stated 

that Appellee is not opposed to the relief sought in this motion. 

 

WHEREFORE, PREMISES CONSIDERED, Appellant Justin V. 

Haynes respectfully requests that the Court grant his motion to abate 

this appeal or to extend the time in which to file his brief and abate this 

appeal or extend the current deadline for filing his brief up to and 

including 30 days 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.
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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

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 July 15, 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