ACCEPTED
04-15-00107-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/2/2015 2:59:47 PM
KEITH HOTTLE
CLERK
No. 04-15-00107-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 11/2/2015 2:59:47 PM
FOR THE FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE
AT SAN ANTONIO Clerk
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 THIRD 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 21, 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
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.
On September 21, 2015, the Court continued the abatement until the
trial proceedings are final, provided that Appellant provide an advisory
regarding the status of the trial court proceedings every three weeks,
beginning October 12, 2015. Appellant provided his second advisory on
October 12, 2015. In accord with the Court’s order, Appellant now
provides his third advisory.
II.
On October 27, 2015, the trial court heard Appellant’s Motion to
Modify Judgment and Motion for New Trial and Appellee’s Motion to
Modify, Correct, or Reform Judgment Signed August 31, 2015. The
trial court did not rule on any of the motions following the hearing. One
issue that is requiring additional attention involves missing trial
exhibits that are made the basis of Appellant’s Motion for New Trial.
When the Reporter’s Record of the trial was filed in this Court, the
record was missing multiple trial exhibits. For months, the court
2
reporter has been unable to locate the missing trial exhibits, despite
repeated inquiries by the parties. Then, during last week’s hearing, the
court reporter produced two sets of notebooks purporting to contain
copies of the original exhibits. The original exhibits have yet to be
located. Trial counsel for Appellant, who did not attend the hearing,
will be reviewing the copies within the next few days to determine
whether they can be substituted for the missing originals. Once that
issue is resolved, the trial court has indicated that it will rule on the
pending post-judgment motions. In light of the continuing trial court
proceedings, Appellant requests that the Court continue the abatement
of this appeal.
III.
The continuation of the abatement is not sought for purposes of
delay. Rather, this request is made to ensure that the issues eventually
raised in this appeal are narrowed to the greatest extent possible and
then 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.
3
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
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served in accordance with the
Texas Rules of Civil Procedure on November 2, 2015, on the following:
Eric Lipper Biff Pennypacker
Michael Conner Wilson, Pennypacker & Thompson
Hirsch & Westheimer, P.C. LLP
1415 Louisiana, 36th Floor 8620 N. New Braunfels, Suite 101
Houston, Texas 77002 San Antonio, Texas 78217
Attorneys for Alicia Bryan Attorneys for Alicia Bryan Haynes
Haynes
4
Jo Chris Lopez
Rob Ramsey
Langley & Banack, P.C.
745 E. Mulberry, Suite 900
San Antonio, Texas 78212
Attorneys for Alicia Bryan
Haynes
/s/ Ryan G. Anderson
Ryan G. Anderson
5