ACCEPTED
01-15-00224-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/9/2015 2:01:49 PM
CHRISTOPHER PRINE
CLERK
CASE NO: 01-15-00224-CV
IN THE 1st COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
AT HOUSTON HOUSTON, TEXAS
9/9/2015 2:01:49 PM
CHRISTOPHER A. PRINE
Clerk
TODD DAVID ROGERS , APPELLANT
V.
GINA MARIE ROGERS, APPELLEE
From the 434TH District Court
Trial Court Case number 12-DCV-199022
Fort Bend County, Texas
APPELLANT’S REQUEST TO EXTEND ABATEMENT
THE MAHONEY LAW FIRM
WALTER P. MAHONEY JR.
3668 BURKE
PASADENA, TEXAS 77504
SBN 12844600
PHONE 281-998-9450
FAX 281-998-9430
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Appellant’s Counsel respectfully requests that the Court to enter an order abating the
pending appeal and in support of that request would show unto this Court as follows:
I.
Appellant filed Notice of Appeal on the day before the case was set for entry of judgment
in the trial court. On the day in question the final decree of divorce was not entered or signed by
the court. The proceeding were reset to another date for entry and due to unforeseen
circumstances that entry also did not occur. The case was then reset to April 17th, 2015 for the
entry of a final judgement but unfortunately that entry date was also reset to May 15th, 2015.
II.
As a result of the above described issues a final appealable judgment has not been entered by the
trial court at this time. It is Appellant’s belief at this time that the decree has been signed by the
Court. The request for the supplementation of the Clerk's record is being filed at the same time as
this request. Appellant request the Court to extend the time of the abatement for a few days to
allow for the completion of the clerk's record so that it may be filed with this Court.
V. CONCLUSION
For the reasons stated above, Appellant respectfully requests that this court enter an order
abating this appeal pending further notice from the parties and action from the trial court.
Respectfully Submitted,
The Mahoney Law Firm
3668 Burke
Pasadena, Texas 77504
Phone 281-998-9450
Fax 281-998-9430
E-Mail trip888@aol.com
/s/ Walter P. Mahoney Jr.
Walter P. Mahoney Jr.
Attorney for Appellant
CERTIFICATE OF CONFERENCE
I Walter P. Mahoney Jr. do hereby certify that on the 9thth day of September I forwarded the
foregoing Motion to Marlene Zinsmeister to attempt to resolve this issue. Marlene Zinsmeister
has not yet advised me of her position. As soon as she does that information will be provided to
this Court.
/s/Walter P. Mahoney Jr.
Walter P. Mahoney Jr.
CERTIFICATE OF SERVICE
I, Walter P. Mahoney Jr. do hereby certify that a copy of the foregoing Motion was duly and
properly served upon opposing counsel on the 9th day of September both before and after it was
filed. In addition I made phone calls to his office to seek her position.
/s/ Walter P. Mahoney Jr.
Walter P. Mahoney Jr.