On December 30, 2015 a
!MOTION TO RETAIN/REINSTATE
was filed
involving a dispute between
Martinez , Virginia,
and
Eguia , Alfonso,
Aguilar , Antonio Eguia,
Vazquez , Julia,
for DIVORCE W/CHILD (FAMILY LAW)
in the District Court of Travis County.
Preview
2/28/2017 10:43:49 AM
Velva L. Price
District Clerk
Travis County
THIS DOCUMENT CONTAINS SENSITIVE DATA D-1-FM-15-007472
NO. D-1-FM-15-007472
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
VIRGINIA MARTINEZ
AND
ALFONSO EGUIA
126TH JUDICIAL DISTRICT
AND JULIA VASQUEZ AND
ANTONIO EGUIA
AND IN THE INTEREST OF
A.E. AND A.E., CHILDREN
QPP LL UP UNL LL LN
TRAVIS COUNTY, TEXAS
ALFONSO EGUIA’S MOTION TO RETAIN CASE ON DOCKET
This Motion to Retain Case on Docket is brought by Alfonso Eguia, Respondent and
Counter Petitioner who shows in support:
1. This case is set for dismissal on April 7, 2017.
2. Temporary Orders were entered in this case on April 6, 2016. Temporary Orders
included orders for conservatorship, possession and support of the children. It also included
temporary property provisions as necessary.
3. Discovery has been exchanged by the parties and is completed but for
supplementation prior to final hearing in this matter.
4. Julia Vasquez and Antonio Eguia were intervened in this case on June 9, 2016.
They are the parents of Alfonso Eguia. They are the owners and are listed on the deed on the real
property residence that was occupied by the parties during the marriage and to wit the parties paid
Page 1{4
Cause No. D-1-FM-15-007472; /MMO Virginia Martinez & Alfonso Eguia
& ITIO A.E. & A.E., Children
In the 126 Judicial District Court of Travis County, Texas
Alfonso Eguia’s Motion to Retain
Irene Silvathe note.
5. Final Hearing has been delayed not due to any fault of the above parties but due to
lack of cooperation of the noteholder of the property, Ms. Cathy Wolf. Ms. Wolf resides in
California and is out of subpoena range. She holds the note on the house (rather than having a
traditional mortgage they purchased the property with payments directly to her). Mr. Eguia’s
practice was to make the mortgage payment by cash deposit to her bank branch location in Austin,
Texas on a monthly basis. The parties need an accounting of the payments made and the payments
remaining in order to either settlement of the property (and overall property division) or be able to
present to a Travis County judge enough evidence for which he or she can make a ruling regarding
a just and right division of the estate. Both parties have sent correspondence to Ms. Wolf. In
response, Mr. Eguia has sent an affidavit to her requesting the release of this information. The
parties are optimistic the information is forthcoming.
5. Given the anticipated information being forthcoming, Alfonso Eguia requests that
the case be retained and that the court order final hearing on this case no later than May 30, 2017.
4. Alfonso Eguia, Respondent and Counterpetitioner prays that this case be retained
on the Court's docket and that it remains active and pending.
Page 2/4
Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia
& ITIO AE. & A.E., Children
In the 126 Judicial District Court of Travis County, Texas
Alfonso Eguia’s Motion to RetainRespectfully submitted,
CAROLINE L, BADINELLI, ATTORNEY AT LAW
By:
Caroline L. Badinelli
SBN: 24036169
4425 South Mopac Expressway
EC Gaines Building II, Suite 105
Austin, Texas 78735
Telephone: (512) 960-4110
Telecopier: (512) 960-4109
caroline@badinelli.com
ATTORNEY FOR ALFONSO EGUIA
Page 3/4
Cause No. D-1-FM-15-007472; MMO Virginia Martinez & Alfonso Eguia
& ITIO AE. & A.E., Children
In the 126" jal District Court of Travis County, Texas
Alfonso Eguia’s Motion to RetainCERTIFICATE OF SERVICE
[hereby certify that a true and correct copy of the foregoing has been served on all
attorneys of record, in accordance with the Texas Rules of Civil Procedure and the Local Rules
of Travis County, Texas, on this the aw day of February 2017, as follows:
Via Electronic Delivery
Gabriel Gutierrez, Jr.
2101 South IH 35
Austin, Texas 78741
ATTORNEY FOR PETITIONER VIRIGINIA MARTINEZ
Via Electronic Delivery: cducloux: finipay.com
Mr. Claude Ducloux
3700 N. Capital of Texas HWY
Suite 420
Austin, Texas 78746
(512)716-8580
Fax(512)233-2388
ATTORNEY FOR INTERVERNORS JULIA VASQUEZ AND ANTONIO EGUIA
VIA ELECTRONIC FILING
Ms. Velva Price
Travis County District Clerk
Attention: Family Law Filings
P.O. Box 679003
Austin, Texas 78767
Via Hand Deliv.
Office of Court Administration
1000 Guadalupe Street
4" Floor
Austin, Texas 78701
4
Caroline L. Badinelli
Page 4|4
Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia
&ITIOAE. & Children
In the 126" ial District Court of Travis County, Texas
Alfonso Eguia’s Motion to RetainTHIS DOCUMENT CONTAINS SENSITIVE DATA
NO. D-1-FM-15-007472
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
VIRGINIA MARTINEZ
AND
§
§
;
§ 126TH JUDICIAL DISTRICT
ALFONSO EGUIA §
§
§
§
§
§
AND JULIA VASQUEZ AND
ANTONIO EGUIA
AND IN THE INTEREST OF
AE. AND A.E., CHILDREN § TRAVIS COUNTY, TEXAS
ORDER ON ALFONSO EGUIA’S MOTION TO RETAIN
On , 2017 the Court considered Alfonso Eguia’s Motion to Retain Case on
Docket. The Court finds that good cause has been shown to retain the case on the docket and set
for final hearing on or before May 30, 2017.
The Court further finds that the parties need additional information from a witness out of
subpoena range and that the parties have been using due diligence to obtain said information.
The Court further finds that retaining the case on its docket is in the best interest of the
children.
IT IS ORDERED that this case is retained on the docket of this Court and is to be set for
final hearing on or before May 30, 2017.
Page 1/2
Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia
& ITIO AE. & A.E., Children
In the 126" Judicial District Court of Travis County, Texas
Order on Alfonso Eguia’s Motion to RetainSIGNED on
JUDGE PRESIDING
Page 2|2
Cause No. D-1-FM-15-007472; MMO Virginia Martinez & Alfonso Eguia
&ITIO AE. & A.E., Children
In the 126" Judicial District Court of Travis County, Texas
Order on Alfonso Eguia’s Motion to Retain
Document Filed Date
February 28, 2017
Case Filing Date
December 30, 2015
Category
DIVORCE W/CHILD (FAMILY LAW)
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Preview
2/28/2017 10:43:49 AM Velva L. Price District Clerk Travis County THIS DOCUMENT CONTAINS SENSITIVE DATA D-1-FM-15-007472 NO. D-1-FM-15-007472 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF VIRGINIA MARTINEZ AND ALFONSO EGUIA 126TH JUDICIAL DISTRICT AND JULIA VASQUEZ AND ANTONIO EGUIA AND IN THE INTEREST OF A.E. AND A.E., CHILDREN QPP LL UP UNL LL LN TRAVIS COUNTY, TEXAS ALFONSO EGUIA’S MOTION TO RETAIN CASE ON DOCKET This Motion to Retain Case on Docket is brought by Alfonso Eguia, Respondent and Counter Petitioner who shows in support: 1. This case is set for dismissal on April 7, 2017. 2. Temporary Orders were entered in this case on April 6, 2016. Temporary Orders included orders for conservatorship, possession and support of the children. It also included temporary property provisions as necessary. 3. Discovery has been exchanged by the parties and is completed but for supplementation prior to final hearing in this matter. 4. Julia Vasquez and Antonio Eguia were intervened in this case on June 9, 2016. They are the parents of Alfonso Eguia. They are the owners and are listed on the deed on the real property residence that was occupied by the parties during the marriage and to wit the parties paid Page 1{4 Cause No. D-1-FM-15-007472; /MMO Virginia Martinez & Alfonso Eguia & ITIO A.E. & A.E., Children In the 126 Judicial District Court of Travis County, Texas Alfonso Eguia’s Motion to Retain Irene Silvathe note. 5. Final Hearing has been delayed not due to any fault of the above parties but due to lack of cooperation of the noteholder of the property, Ms. Cathy Wolf. Ms. Wolf resides in California and is out of subpoena range. She holds the note on the house (rather than having a traditional mortgage they purchased the property with payments directly to her). Mr. Eguia’s practice was to make the mortgage payment by cash deposit to her bank branch location in Austin, Texas on a monthly basis. The parties need an accounting of the payments made and the payments remaining in order to either settlement of the property (and overall property division) or be able to present to a Travis County judge enough evidence for which he or she can make a ruling regarding a just and right division of the estate. Both parties have sent correspondence to Ms. Wolf. In response, Mr. Eguia has sent an affidavit to her requesting the release of this information. The parties are optimistic the information is forthcoming. 5. Given the anticipated information being forthcoming, Alfonso Eguia requests that the case be retained and that the court order final hearing on this case no later than May 30, 2017. 4. Alfonso Eguia, Respondent and Counterpetitioner prays that this case be retained on the Court's docket and that it remains active and pending. Page 2/4 Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia & ITIO AE. & A.E., Children In the 126 Judicial District Court of Travis County, Texas Alfonso Eguia’s Motion to RetainRespectfully submitted, CAROLINE L, BADINELLI, ATTORNEY AT LAW By: Caroline L. Badinelli SBN: 24036169 4425 South Mopac Expressway EC Gaines Building II, Suite 105 Austin, Texas 78735 Telephone: (512) 960-4110 Telecopier: (512) 960-4109 caroline@badinelli.com ATTORNEY FOR ALFONSO EGUIA Page 3/4 Cause No. D-1-FM-15-007472; MMO Virginia Martinez & Alfonso Eguia & ITIO AE. & A.E., Children In the 126" jal District Court of Travis County, Texas Alfonso Eguia’s Motion to RetainCERTIFICATE OF SERVICE [hereby certify that a true and correct copy of the foregoing has been served on all attorneys of record, in accordance with the Texas Rules of Civil Procedure and the Local Rules of Travis County, Texas, on this the aw day of February 2017, as follows: Via Electronic Delivery Gabriel Gutierrez, Jr. 2101 South IH 35 Austin, Texas 78741 ATTORNEY FOR PETITIONER VIRIGINIA MARTINEZ Via Electronic Delivery: cducloux: finipay.com Mr. Claude Ducloux 3700 N. Capital of Texas HWY Suite 420 Austin, Texas 78746 (512)716-8580 Fax(512)233-2388 ATTORNEY FOR INTERVERNORS JULIA VASQUEZ AND ANTONIO EGUIA VIA ELECTRONIC FILING Ms. Velva Price Travis County District Clerk Attention: Family Law Filings P.O. Box 679003 Austin, Texas 78767 Via Hand Deliv. Office of Court Administration 1000 Guadalupe Street 4" Floor Austin, Texas 78701 4 Caroline L. Badinelli Page 4|4 Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia &ITIOAE. & Children In the 126" ial District Court of Travis County, Texas Alfonso Eguia’s Motion to RetainTHIS DOCUMENT CONTAINS SENSITIVE DATA NO. D-1-FM-15-007472 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF VIRGINIA MARTINEZ AND § § ; § 126TH JUDICIAL DISTRICT ALFONSO EGUIA § § § § § § AND JULIA VASQUEZ AND ANTONIO EGUIA AND IN THE INTEREST OF AE. AND A.E., CHILDREN § TRAVIS COUNTY, TEXAS ORDER ON ALFONSO EGUIA’S MOTION TO RETAIN On , 2017 the Court considered Alfonso Eguia’s Motion to Retain Case on Docket. The Court finds that good cause has been shown to retain the case on the docket and set for final hearing on or before May 30, 2017. The Court further finds that the parties need additional information from a witness out of subpoena range and that the parties have been using due diligence to obtain said information. The Court further finds that retaining the case on its docket is in the best interest of the children. IT IS ORDERED that this case is retained on the docket of this Court and is to be set for final hearing on or before May 30, 2017. Page 1/2 Cause No. D-1-FM-15-007472; [MMO Virginia Martinez & Alfonso Eguia & ITIO AE. & A.E., Children In the 126" Judicial District Court of Travis County, Texas Order on Alfonso Eguia’s Motion to RetainSIGNED on JUDGE PRESIDING Page 2|2 Cause No. D-1-FM-15-007472; MMO Virginia Martinez & Alfonso Eguia &ITIO AE. & A.E., Children In the 126" Judicial District Court of Travis County, Texas Order on Alfonso Eguia’s Motion to Retain