Narrative Opinion Summary
In this appellate proceeding, the appellant, Justin V. Haynes, contests a judgment involving Alicia Bryan Haynes, initially rendered on March 3, 2015. The appeal, filed on February 16, 2015, follows procedural developments including the submission of the Clerk’s Record and Reporter’s Record by May and June 2015, respectively. A subsequent modified judgment was rendered on June 16, 2015, followed by a second modification on August 31, 2015. This second modification prompted the appellant to submit additional post-judgment pleadings, such as requests for findings of fact and conclusions of law, a motion to modify the judgment, and a motion for a new trial. These ongoing trial court proceedings potentially impact the appeal's outcome, leading to a formal request by the appellant for the abatement of the appeal until trial court matters are conclusively resolved. The appellant's legal representation, consisting of Ryan G. Anderson and Richard R. Orsinger, emphasizes that the request aims to ensure a complete and efficient appellate review. The advisory concludes with a request for the continuation of the abatement and any further appropriate relief, with confirmation of service to the appellee’s attorneys.
Legal Issues Addressed
Appellate Procedure for Pending Trial Court Actionssubscribe to see similar legal issues
Application: The appellant requested the abatement of the appeal proceedings due to ongoing post-judgment actions that could impact the appeal's viability.
Reasoning: Due to the ongoing post-judgment actions, which may impact the appeal or make it moot, Haynes requests that the appeal be abated until the trial court proceedings are finalized and a complete appellate record is submitted.
Filing of Post-Judgment Pleadingssubscribe to see similar legal issues
Application: The appellant filed new post-judgment pleadings following the trial court's issuance of a second modified judgment.
Reasoning: The Appellant is compelled to file new post-judgment pleadings, including requests for findings of fact, conclusions of law, a motion to modify the judgment, and a motion for a new trial.
Modification of Judgment and Impact on Appealssubscribe to see similar legal issues
Application: A modified judgment and subsequent second modified judgment necessitated further legal actions, affecting the appellate process.
Reasoning: A Modified Judgment was issued on June 16, 2015, but after the trial court's second modified judgment on August 31, 2015, the Appellant is compelled to file new post-judgment pleadings.