ACCEPTED 04-15-00107-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/14/2015 5:36:18 PM KEITH HOTTLE CLERK

No. 04-15-00107-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 12/14/2015 5:36:18 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 FIFTH 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. Appellant provided his third advisory on November 2, 2015. Appellant provided his fourth advisory on November 23, 2015.

In accord with the Court’s order, Appellant now provides his fifth advisory.

II.

On November 13, 2015, the trial court rendered its fourth judgment in this proceeding, reversing itself on one key finding and reinstating the parties’ divorce. Appellant requested findings of fact and conclusions of law on December 3, 2015, and filed his motion for new trial on December 13, 2015. There is also pending in the trial court Appellee’s motion to substitute copies of exhibits to replace the original

trial exhibits that cannot be located. The Court is required to hold a hearing on that motion.

The trial court will be required to rule on the motion for new trial, respond to Appellant’s request for findings of fact and conclusions of law with regard to the latest judgment, and hold a hearing on the motion to substitute the trial exhibits. That hearing is not currently set.

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.

Respectfully submitted, /s/ Ryan G. Anderson Ryan G. Anderson State Bar No. 00783546 LAW OFFICES OF RYAN G. ANDERSON, PLLC E. Travis, Suite 1403 San Antonio, Texas 78205 (210) 399-0198 (210) 855-5050 (Facsimile) [email protected] RICHARD R. ORSINGER State Bar No. 15322500 ORSINGER, NELSON, DOWNING & ANDERSON L.L.P. S. St. Mary’s, Suite 1717 San Antonio, Texas 78205 (210) 225-5567 Telephone (210) 267-7777 Telecopier [email protected] 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 December 14, 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 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