ACCEPTED
04-16-00550-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/30/2016 1:36:29 PM
KEITH HOTTLE
CLERK
No. 4-16-00550-CV
IN RE TODD A. PRINS, § IN THE 4TH FILED IN
Relator. § 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
§
8/30/2016 1:36:29 PM
§ COURT OF APPEALS
KEITH E. HOTTLE
§ Clerk
§
§ SAN ANTONIO, TEXAS
RELATOR’S UNOPPOSED MOTION FOR EMERGENCYFILED
STAYIN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
Relator asks the Court for an emergency stay.
08/30/2016 1:36:29 PM
KEITH E. HOTTLE
A. INTRODUCTION Clerk
1. Relator is Todd A. Prins; real party in interest is The Estate of Jose
Oleszcovski Wasserteil, Deceased; respondent is the Honorable Kelly M. Cross,
Presiding Judge of Probate Court No. 1, Bexar County, Texas.
2. Relator filed his petition for writ of mandamus on August 29, 2016.
3. Relator attaches a certificate of compliance certifying that on August 30,
2016, notified respondent and real party in interest by facsimile that a motion for
temporary relief would be filed. Tex. R. App. P. 52.10(a).
4. On August 26, 2016, the honorable Judge Kelly M. Cross entered an Order
requiring Relator, Todd A. Prins, to deposit certain funds within the registry of
the Court, and to register the funds as belonging to the Estate, along with Relator
and the Estate's attorneys. Relator's application for writ of mandamus challenges
the validity of this Order, and requests an emergency stay from compliance with
the Order until the Court of Appeals determines whether mandamus is
appropriate.
B. ARGUMENT & AUTHORITIES
5. The Court may grant temporary relief pending its determination of an
original proceeding. Tex. R. App. P. 52.10(b).
6. This emergency stay is necessary to maintain the status quo of the parties
and to preserve the Court’s jurisdiction to consider the merits of the original
proceeding. In re Reed, 901 S.W.2d 604, 609 (Tex. App.—San Antonio 1995,
orig. proceeding). The Estate believes that the funds should be included as a part
of the probate of Decedent's estate, and there is a genuine dispute as to whether
Relator is entitled to the funds as a distribution through a partnership between
Decedent and Relator. The Estate owes a substantial amount of taxes to the
United States Government, and it is possible that the Internal Revenue Service
would be allowed to file a lien on the funds when they are put into the registry,
regardless of the ultimate outcome of the underlying litigation. The status quo
must be preserved to determine whether Relator is entitled to the funds outside of
probate.
7. Relator attaches the decalration of Todd A. Prins and the affidavit of Darin
N. Digby to establish facts that are not included in the appellate record, are not
known to the Court in its official capacity, and are not within the personal
knowledge of the attorney signing this motion.
C. CONCLUSION
8. An emergency stay is necessary to preserve the status quo because
compliance with the Court's order may result in Relator losing his claim to the
contested funds without an determination of the underlying lawsuit.
D. PRAYER
9. For the reasons stated in this motion, Relator, Todd A. Prins asks the Court
for an emergency stay to maintain the status quo of the parties and preserve the
Court’s jurisdiction to consider the merits of relator’s original proceeding.
Respectfully submitted,
Prins Law Firm
4940 Broadway, Suite 108
San Antonio, TX 78209
Telephone: (210) 820-0833
Facsimile: (210) 820-0929
By: /s/ Travis M. Parks
TRAVIS M. PARKS
State Bar No. 24070384
ATTORNEY FOR TODD A. PRINS
CERTIFICATE OF SERVICE
On August 30, 2016, the foregoing document was served on the following
counsel of record in accordance with the Texas Rules of Appellate Procedure.
FLUME LAW FIRM, LLP
1020 N. E. Loop 410, Suite 200
San Antonio, Texas 78209
(210) 828-5641
(210) 821-6069 Facsimile
MICHAEL FLUME
State Bar No. 07188480
mfllume@flumelaw.net
GUILLERMO S. DEKAT
State Bar No. 24069599
gdekat@flumelaw.net
ATTORNEYS FOR THE ESTATE OF
JOSE OLESZCOVSKI WASSERTEIL
/s/ Travis M. Parks
Travis M. Parks
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Michael Flume by telephone, and he has
agreed and is unopposed to the motion for emergency stay.
/s/ Travis M. Parks
Travis M. Parks
CERTIFICATE OF COMPLIANCE
Under Texas Rule of Appellate Procedure 52.10(a), I certify that on August
30, 2016, I notified the following parties via telephone or fax that a motion
for temporary relief would be filed.
Real Parties in Interest:
The Estate of Jose Oleszcovski Wasserteil, Deceased
FLUME LAW FIRM, LLP
1020 N. E. Loop 410, Suite 200
San Antonio, Texas 78209
(210) 828-5641
(210) 821-6069 Facsimile
MICHAEL FLUME
State Bar No. 07188480
mfllume@flumelaw.net
GUILLERMO S. DEKAT
State Bar No. 24069599
gdekat@flumelaw.net
Counsel for Ind. Executor/Plaintiff
Respondent/Trial Court Judge via facsimile:
The Honorable Kelly M. Cross
Probate Court No. 1
100 Dolorosa, 1st floor, Room 123
San Antonio, Texas 78205
(210)335-3998 fax
/s/ Travis M. Parks
Travis M. Parks