On March 21, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
and
for DIVORCE
in the District Court of Tarrant County.
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325-658610-19 FILED
TARRANT COUNTY
8/19/2019 1:48 PM
THOMAS A. WILDER
NO. 325-658610-19 DISTRICT CLERK
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§ 325th JUDICIAL DISTRICT
GAIL HALLUM §
AND §
DAVID AUBREY HALLUM § TARRANT COUNTY, TEXAS
PETITIONER’S MOTION FOR CONTINUANCE
COMES NOW PETITIONER GAIL HALLUM and asks the court to continue Respondent’s
hearing for at least 2 weeks. Petitioner would respectfully show the court the following:
1. On Friday August 16, 2019 Respondent filed several motions with the court, including
his motion to equalize attorney fees and a motion for additional temporary orders.
2. Respondent represented to the court that the parties’ home sale would fall through
without these hearings.
3. Respondent represented to the court that he had contacted Petitioner’s attorney for agreed
upon setting dates for said hearings but in fact had not.
4. On Friday August 16, 2019 Petitioner’s attorney received an email stating that Monday
August 19 and Tuesday August 20 were available for hearing the motions. Petitioner’s attorney
emailed back to opposing counsel informing them that she was NOT AVAILABLE.
5. Repondent’s attorney William Pruett then set said hearings for the 22nd WITHOUT
ASKING IF OPPOSING COUNSEL WAS AVAILABLE OR NOT.
6. Petitioner’s attorney immediately emailed (at 1:52pm and again at 2:23pm) Respondent’s
attorney informing them that she was not available on the 22nd. Petitioner’s attorney also texted
opposing counsel at 2:29pm Friday August 16 asking him to get new dates for his motions. Mr.
Pruett did not respond.
7. Petitioner’s attorney has sent several requests to opposing counsel about the conflict by
text message, email and phone call. After multiple attempts, Petitioner finally reached opposing
counsel on Monday at 11:48am. Opposing counsel/Respondent refuses to reset said hearings.
8. Petitioner’s attorney has a setting in Denton County on August 22 that has been set since
July 18, 2019 and cannot be in Tarrant County on August 22 for Respondent’s hearing.
9. The parties are closing on their house on August 22 so party Gail Hallum would not be
able to attend a hearing on August 22.
10. Petitioner’s attorney has no other recourse than to ask the court for a continuance.
11. There is no emergency and no issue that needs to be addressed by the court before the
closing date on the parties’ home. Parties both agree that property that is community and claimed
as community will be put in a storage unit and will be divided at a later date. This does not affect
the sale of the house. A hearing for “equalization of attorney fees” does not affect the sale of the
house.
12. Petitioner requests reasonable attorney fees and costs.
WHEREFORE PREMISES CONSIDERED, Petitioner prays that the court continue these
hearings for at least 2 weeks and award Petitioner attorney fees and costs in the amount of
$1,200.00.
Respectfully submitted,
By:/s/Nancy Bonilla
SBN: 24045526
Nancy Bonilla, Attorney at Law
Mallick Tower
101 Summit Avenue
Suite 1010
Fort Worth, TX 76102
817-529-6071 Office
817-529-0117 Direct
940-390-0347 Mobile
817-529-0037 Facsimile
nancy_bonilla@me.com
Attorney for Petitioner Gail Hallum
CERTIFICATE OF SERVICE
I, Nancy Bonilla, certify that a true copy of the foregoing document was served on all counsel of
record August 19, 2019.
/s/Nancy Bonilla
Document Filed Date
August 19, 2019
Case Filing Date
March 21, 2019
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325-658610-19 FILED TARRANT COUNTY 8/19/2019 1:48 PM THOMAS A. WILDER NO. 325-658610-19 DISTRICT CLERK IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § 325th JUDICIAL DISTRICT GAIL HALLUM § AND § DAVID AUBREY HALLUM § TARRANT COUNTY, TEXAS PETITIONER’S MOTION FOR CONTINUANCE COMES NOW PETITIONER GAIL HALLUM and asks the court to continue Respondent’s hearing for at least 2 weeks. Petitioner would respectfully show the court the following: 1. On Friday August 16, 2019 Respondent filed several motions with the court, including his motion to equalize attorney fees and a motion for additional temporary orders. 2. Respondent represented to the court that the parties’ home sale would fall through without these hearings. 3. Respondent represented to the court that he had contacted Petitioner’s attorney for agreed upon setting dates for said hearings but in fact had not. 4. On Friday August 16, 2019 Petitioner’s attorney received an email stating that Monday August 19 and Tuesday August 20 were available for hearing the motions. Petitioner’s attorney emailed back to opposing counsel informing them that she was NOT AVAILABLE. 5. Repondent’s attorney William Pruett then set said hearings for the 22nd WITHOUT ASKING IF OPPOSING COUNSEL WAS AVAILABLE OR NOT. 6. Petitioner’s attorney immediately emailed (at 1:52pm and again at 2:23pm) Respondent’s attorney informing them that she was not available on the 22nd. Petitioner’s attorney also texted opposing counsel at 2:29pm Friday August 16 asking him to get new dates for his motions. Mr. Pruett did not respond. 7. Petitioner’s attorney has sent several requests to opposing counsel about the conflict by text message, email and phone call. After multiple attempts, Petitioner finally reached opposing counsel on Monday at 11:48am. Opposing counsel/Respondent refuses to reset said hearings. 8. Petitioner’s attorney has a setting in Denton County on August 22 that has been set since July 18, 2019 and cannot be in Tarrant County on August 22 for Respondent’s hearing. 9. The parties are closing on their house on August 22 so party Gail Hallum would not be able to attend a hearing on August 22. 10. Petitioner’s attorney has no other recourse than to ask the court for a continuance. 11. There is no emergency and no issue that needs to be addressed by the court before the closing date on the parties’ home. Parties both agree that property that is community and claimed as community will be put in a storage unit and will be divided at a later date. This does not affect the sale of the house. A hearing for “equalization of attorney fees” does not affect the sale of the house. 12. Petitioner requests reasonable attorney fees and costs. WHEREFORE PREMISES CONSIDERED, Petitioner prays that the court continue these hearings for at least 2 weeks and award Petitioner attorney fees and costs in the amount of $1,200.00. Respectfully submitted, By:/s/Nancy Bonilla SBN: 24045526 Nancy Bonilla, Attorney at Law Mallick Tower 101 Summit Avenue Suite 1010 Fort Worth, TX 76102 817-529-6071 Office 817-529-0117 Direct 940-390-0347 Mobile 817-529-0037 Facsimile nancy_bonilla@me.com Attorney for Petitioner Gail Hallum CERTIFICATE OF SERVICE I, Nancy Bonilla, certify that a true copy of the foregoing document was served on all counsel of record August 19, 2019. /s/Nancy Bonilla