ACCEPTED
04-15-00551-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/11/2015 12:10:55 PM
KEITH HOTTLE
CLERK
NO. 04-15-00551-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 9/11/2015 12:10:55 PM
FOR THE FOURTH COURT OF APPEALS DISTRICT
KEITH E. HOTTLE
SAN ANTONIO, TEXAS Clerk
Richard Matthew Villarreal
v.
Rebecca L. Villarreal
APPELLANT’S MOTION FOR
EMERGENCY RELIEF
TO THE HONORABLE COURT OF APPEALS:
APPELLANT, RICHARD MATTHEW VILLARREAL, respectfully
presents his motion for emergency relief asking the Court to prevent REBECCA L.
VILLARREAL from taking two of the subject children of this lawsuit, EASION
VILLARREAL AND EBEK VILLARREAL from Bexar or surrounding counties
while this Court decides this appeal.
I.
This is an appeal from the grant of a motion to dismiss for lack of
jurisdiction. Appellee REBECCA VILLAREEAL initially filed for divorce in
Bexar County, Texas. Appellee then left Bexar County with the children subject of
this suit in violation of the standing order in place at that time which did not allow
a party to relocate children of a pending lawsuit.
II.
Ignoring this Court’s initial jurisdiction over this matter and without
nonsuiting the Bexar County suit, Appellee filed for divorce in Indian Tribal Court
in Arizona. This divorce was granted. Based upon this decree, Appellee relocated
the children to Alaska. Appellant was denied contact with his children throughout
this process.
III.
Having located the children in Alaska, Appellant then moved in this
proceeding to obtain the return of the children to Bexar County, Texas. Appellant
showed that the district court that the divorce decree entered in the tribal court in
Arizona was void because Texas had jurisdiction over the children at all times
under the UCCJEA because Appellee herself filed suit for custody of the children
in Texas first and never nonsuited that proceeding. Texas Family Code section
152.201 gives Texas jurisdiction to make an initial custody determination if Texas
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is the child’s home state on the date of the commencement of the proceeding. Tex.
Fam. Code sec. 152.201(a)(1). Here, Appellee pled and admitted that the children
lived in Texas for the proceeding six months when she filed suit herself in Texas.
Nonetheless, Appellee then filed suit in Tribal Court in Arizona without ever
nonsuiting the Texas proceeding and disavowing Texas of primary jurisdiction.
Appellee was simply forum shopping.
IV.
The Honorable Gloria Saldana heard Appellant’s motion and held that Texas
lacked jurisdiction over this matter because of the divorce decree entered by the Trial
Court in Arizona and dismissed this lawsuit.
V.
Appellee then allowed two of the children, Easion and Ebek, to come to Texas
to be with Appellant. Appellee is now attempting to return the children to live with
her in Alaska. Given Appellee’s history of absconding with the children and
manipulation of the Court system, this Court should not allow the children to leave
Bexar and/or surrounding counties during the pendency of this appeal. Appellant
will demonstrate to this Court that Appellee’s impermissible forum shopping after
she established dominant jurisdiction in Texas means that this Court has jurisdiction
over the children—not the tribal Court or Alaskan Court. Appellant is likely to
prevail on the merits of this case. However, if the children are allowed to leave
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Appellee will likely not return to Texas and recognize this Court’s primary authority
and thus the relief granted by this Court will be rendered meaningless. The harm of
allowing the children to leave Bexar County could not later be remedied by this
Court.
WHEREFORE, PREMISES CONSIDERED, APPELLANT, RICHARD
MATTHEW VILLARREAL, asks this Court to order that the children subject of
this suit, EAISON VILLARREAL and EBEK VILLARREAL, remain in Bexar
County, Texas in Appellant’s possession pending the outcome of this appeal.
Appellant prays for such other relief to which he may be entitled consistent with
this Court’s decision.
Respectfully submitted,
/s/ Christopher J. Deeves
CHRISTOPHER J. DEEVES
State Bar No. 00790575
THE LAW OFFICE OF
CHRISTOPHER DEEVES, P.C.
1370 Pantheon Way, Suite 110
San Antonio, Texas 78232
(210) 445-8807
(210) 501-0915 (fax)
e-mail: chrisdeeves@att.net
KENNETH GRUBBS
State Bar No. 00798225
WOODCOCK BUILDING
4241 Woodcock Drive, Suite C-120
San Antonio, Texas 78228
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(210) 490-1292
(210) 499-4587 (fax)
e-mail: kengrubbs@sbcglobal.net
ATTORNEYS FOR
APPELLANT,
RICHARD MATTHEW VILLARREAL
CERTIFICATE OF CONFERENCE
The undersigned hereby certifies that he attempted to communicate with
Laura Winget-Hernandez, counsel for Appellee on or about September 10, 2015
concerning the substance of this motion. Ms. Winget-Hernandez was unavailable
and had not contacted the undersigned by this time of filing of this motion.
.
/s/ Christopher J. Deeves
CHRISTOPHER J. DEEVES
CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the above and foregoing
document was served as indicated to the following counsel of record listed below
on September 11, 2015:
VIA E-SERVICE OR FAX:
Laura Winget-Hernandez
3501 W. Commerce
San Antonio, Texas 78207
Fax: (210) 432-5308
COUNSEL FOR PETITIONER,
REBECCA L. VILLARREAL
Christopher J. Deeves______
Christopher J. Deeves
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