ACCEPTED 03-15-00010-CV 7207809 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/2/2015 1:47:04 PM JEFFREY D. KYLE CLERK No. 03-15-00010-CV IN I'ITE COUIIT OT ÄPPE,\LS FILED IN THIIID JUDICIAL DISTRICT 3rd COURT OF APPEALS AUSTIN, TEXAS 10/2/2015 1:47:04 PM JEFFREY D. KYLE COLLEEN DICKINSOON Clerk APPELLANT V. BRIJCE DANA H,A,IIDESTY APPEt,t,EE

lì_EstÌ_o-NtpltoAPP_|ìLLANT1S,M_O_IIQNIqREINS]T4TE TO THE I]ONORABLE COURI'OF AI)PEALS: Appellee asks the Court to cleny Appellant's Motion to Reinslate this appeal.

L.r support ol'his request, Bluce Dana I Iardesty submits the following: l. Appellant is Colleen Dickinson; Appellee is l}'uoe Dana llaldesty.

2. 'l'he 353"1 Distlict Court of û'avis County,'l-exas signecl the final .judgment in the r"rndellying case In the Mottet (í'the A4arriuge oJ'Ilruce Duna I'lardesty ttnd Colleen Dickin,:;on I'Iurdesry,, cause numbel D- 1-FM- I3-006978 on October 6,20|4.

3. Appellanl frled l?.espondent 's Not ice of lppeal (CleLh's Rccolcl p. 3 3) on Jar.ruary

2,2015.

4. ì-he clelk's lecord was filed on March 18, 2015 ancl a supplemental olelk's record was hled on Aplil 30, 2015. 'lhe coult reporter's recold has not been lìlcd to date.

5. Ihe Court l.ras autl.rolity to clismiss this appeal f'ol want of plosecution Tex. R. App. P. 42.3(b).

6. Appellant's brief was due on April 16,2015. More than twerty-two weeks have Page 1 of 4 expiÌed, and appellant lias uot fìled a briel'and bas not asked f'or an extensìon of time to file the brief. [Jridel the Tex. R. App. P. 42.3(b), the Court has ar-rthority to disr.r.riss this appeal fol want o1'plosecution.

7. The Coult lepofler's lecord has not been filed with thc Coutt because appellanl has nol. macle al'r'allgelì1e1.ìts to pay l'or the cour:t reporter''s recol'd. T'he Conlt has given appellant a reasonable time 10 cure. br-rt appellant still has not made anangements to pay the clelk. Under the Tex. R. App. P. 37.3(c), the Court may clismiss this appoal.

8. Bascd on Appelltrnt's Verilìed Motiot't to lleinstote, Appellant appears to be appealing the denial of spouserl maintenance by the tr'Ìal cour1. Appellant's final lequest for' affir'nrative lelief ptiol to tlial was l?es7:sondent's Counlerpelilion.lòt, Counterclctinr,r (C.R. p. 3) filed on ApLil 1 4, 2014 t"r which she did r.rot request spousal maintenance . At final ¡ ial, A¡rpellant olally leqr"tested spousal tnaintenance, Appellanl lestified that she had been diagnosed with lupr-rs sevelal yeals belòr'e hel l)ecembcr'2011 rnaltiage to Appellee, and she was unable to wolk. No otl.rel evidence of her disability or inability to work was olfeled. Appellee disputed her testimony. Texas Family Cocle Section 8.051 states that a Court may ot'del spousal Iltaintenauce i1"'the spouse seeking nraintenance is unable to eam sufhcicnt income to plovide for the spouse's minilrrum reasonable needs because ol an incapacitaling physical ol mental disability." l'he Coult denìed Appellant's lequest for spousal maintenance, but no 1Ìndings ol làct wele confained in the Final Decree of Dit,orcc (C.R. p. 27) and Appellant lias r.equested none. lu sholt, AppelÌee believes it's unlikely that Appcllant will plevail on appeal.

9. Fol' these reasous, appellec asks the Court to deny this rrotion and disnliss this appcal.

Bt'uce Dana llardesty also lespeclfuJly plays fol such othel ancl lutthel leliefto which she

Page 2 of 4 nlay be justly entitled.

Respectfully submitted.

R. Shane McFarland, P.C.

1800 Rio Grande Austin, Texas 78701 Tel: (512)708-0947 Fax: (512)708-8436 By: State BarNo.24006141 shane@ mc farl and - I aw. co m Attorney for Appellee

VERIFICATION STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned aurthority, on this day personally appeared R. Shane McFarland, who after being by me fìrst duly sworn, upon I'ris oath stated that he is lead counsel f-or Bruce Dana Harclesty in this proceeding, that he has read the foregoing Response to Appellant's Motion to Reinsate including all of the factual statements contained in it. Each of the factual statements is true and correct to the best of my knowledge.

In addition, I certify that all of the documents attached hereto are true and correct copies.

SWORN TO AND SUBSCRIBED before me on the 2nd day of r,2015.

r{'¿,t MICHEI.IE IGITSIAS Michelle Iglesias ', MY COMMISSION EXPIRES Notary Public, Staie Jmo 1¿1, ã¡18

Page 3 of 4 CERTIFICATE OF SERVICE I certify that a true copy of the above was served on Apellant, in accordance with the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure on October 2,2015.

CERTTFTCATE OF COMPLIANC_E I hereby certify that the substantive word count of this document is 685 words, and is within the length allowed by the rules.

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