in the Estate of Carlos Aguilar ( 2015 )

ACCEPTED 04-15-00688-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/23/2015 2:15:07 AM KEITH HOTTLE CLERK No. 04-15-00688-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 12/23/2015 2:15:07 AM FOR THE FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE Clerk AT SAN ANTONIO IN THE ESTATE OF CARLOS AGUILAR, DECEASED, Appellant On Appeal from Cause No. 2012-PB4-000048-L2, In the County Court No. 2 of Webb County, Texas, Honorable Jesus Garza, Presiding APPELLANTS’ ADVISORY REGARDING REPORTER’S RECORD TO THE HONORABLE COURT OF APPEALS: Appellants Vanessa Arce and Eudelia Aguilar, Co-Administrators of the Estate of Carlos Aguilar, Deceased, pursuant to the Court’s December 9, 2015, order, provide the Court with written proof that the Reporter’s Record has been requested and payment arrangements made. I. On December 7, 2015, the Court notified the court reporter that the Reporter’s Record was late. On December 8, 2015, the court reporter filed her request for an extension of time to file the Reporter’s Record. On December 9, 2015, the Court issued its order requiring Appellants to request the Reporter’s Record(s) required to address the issues raised in this appeal and to either pay for the record or make the appropriate arrangements with the court reporter. The Court further ordered Appellants to provide written proof that they had done so within ten days of the order. Because that deadline fell on a Saturday, Appellants were to provide the written proof by Monday, December 21, 2015. II. Appellants requested the Reporter’s Record in writing on December 9, 2015. See attached letter to court reporter. Appellants also offered to pay any required deposit for preparing the record. On December 11, 2015, pursuant to the court reporter’s request, Appellants provided a $1,000.00 deposit for preparation of the record by delivering a check to the court reporter. It is Appellants’ understanding that the Reporter’s Record will be filed by the extended deadline currently in place. III. Appellants respectfully request leave to file this advisory two days after the Court’s deadline. At the time the Court’s order was received, it was calendared in the electronic calendaring system of the undersigned’s office for Saturday, December 19, 2015. Neither the undersigned counsel nor his staff noticed the calendar entry Monday, December 21, 2015. As a result, this advisory was not filed by the Court’s deadline. As is evident from the above facts and the attached 2 exhibit, Appellants did not delay in responding to the Court’s order and curing any deficiencies. The preparation of the record will not be further delayed by the late filing of this advisory. Appellants stand ready to prepare their briefing promptly upon filing of the reporter’s Record. WHEREFORE, PREMISES CONSIDERED, Appellants Vanessa Arce and Eudelia Aguilar, Dependent Administrators of the Estate of Carlos Aguilar, Deceased, and their counsel, respectfully request that the Court accept this advisory as timely filed and that their briefing schedule be set by the filing of the Reporter’s Record, and such other relief, both legal and equitable, to which they may be entitled. Respectfully submitted, By: /s/ Ryan G. Anderson Ryan G. Anderson State Bar No. 00783546 LAW OFFICES OF RYAN G. ANDERSON, PLLC 115 E. Travis, Suite 1403 San Antonio, Texas 78205 Tel: (210) 399-0198 Fax: (210) 855-5050 E-mail: ryan@rgalawpc.com 3 David G. Balmer Texas Bar No. 00790260 BALMER LAW FIRM, P.C. 10107 McAllister Freeway San Antonio, Texas 78216 Tel. (210) 617-4600 Fax. (210) 617-4601 Email: davidb@dbalmerlaw.com Attorneys for Appellants Eudelia Aguilar and Vanessa Arce, as Co- Administrators of the Estate of Carlos Aguilar, Deceased CERTIFICATE OF SERVICE I certify that on December 23, 2015, a true and correct copy of this filing was served on the following electronically through the electronic filing manager and by email: Ronald Rodriguez Attorney at Law 915 Victoria Street Laredo, TX 78040 Attorney for Clarissa Aguilar as Next Friend for Carlos Aguilar, Jr., Alyssa Nicole Aguilar, Andrew Aguilar, Marcus Aguilar and Kaylee Annette Aguilar, Minor Children /s/ Ryan G. Anderson Ryan G. Anderson 4 Filed: 12/9/2015 11:43:50 AM Margie R. Ibarra County Clerk Webb County, Texas By: Brigette Garay, Deputy