Whether a trial court may conduct further fact-finding proceedings during a pending direct appeal when the underlying case has already received a final ruling

No question identified. : Discussion Requests for Stay below. Chronologically, Beneficiary first requested stay relief in the appellate court. In rather blatant violation of trial court authority during the direct appeal, BEACHLEY requested, and the 235th granted / set, a hearing date to move forward in the trial court. Therefore, Beneficiary requested Stay of Mandate. 2d.CoA entered no ruling on that motion; they simply issued the Mandate. Beneficiary filed his Motion for Withdrawal of Mandate; denied (2d.CoA). Beneficiary also submitted a Motion for Stay with S.Ct.Tex., which Court declined even to file it, asserting “finality” of their ruling denying review. BEACHLEY has again moved forward in the 235th, with full, unbridled trial court support. The trial court set that hearing two days before Beneficiary’s 90-day deadline in this Court. Tn addition to now setting a trial date, HAVERKAMP’s recent orders include denial of Beneficiary’s Motion for Stay and the granting of BEACHLEY’s (for “Math hew Henry,” an unknown, non-party to this proceeding) Discovery request to enter in upon property openly confessed to be Beneficiary’s (“Plaintiff's”) in that very Discovery request. Note also (Certificate of Conference) that neither of the other two parties Respondent offered any objection to BEACHLEY’s characterization that Beneficiary owns the Gainesville homestead property. The date set for that entry is Application for Stay of Continuing Trial Activity (Petitioner, Beneficiary) 2 Dec. 28, and, while not stated as such in the order, Beneficiary understands from that hearing that “entry” intends to include into his home, as well. The Problem. Because Beneficiary appealed a final ruling, the notion of “more” trial (factfinding) activity during review is inconsistent. Cf. Lozman (2013). Moreover, since that final ruling was (egregiously) errant as to who actually owns what, per Sharon’s active Estate Plan documents, namely both her Trust and Last Will, as further confessed not only by Respondents’ Gambits 2 and 3 but also now by the (their) Discovery request for entry onto and into Beneficiary’s (Plaintiffs) property, it follows that no party Respondent has any need or business, at the present, entering onto Beneficiary’s property, at all, much less into his home, for any purpose. In the future, after Rendering (constructive trust), and after Remand is ordered for purposes of determining TIMOTHY’s rent due amount, as well as the Respondents’ collective obligation to reimburse Beneficiary for the property taxes he’s paid (sans the homestead exemption) while the “official” ownership has been in their names, personally, then entry of their appraiser(s) for the sole purpose of determining fair rental value of the barn-dominium is fully expected. Key, that activity will involve nothing about entry into Beneficiary’s home. Application for Stay of Continuing Trial Activity (Petitioner, Beneficiary) 3 Conclusion Given that what’s pending before this Court is an active review matter on direct appeal, further trial court, i.e., fact-finding, activity is inconsistent, at best. Request for Relief Therefore, Petitioner / Beneficiary requests that this Court order stayed all trial activity in the 235th DISTRICT COURT, COOKE COUNTY, TEXAS, pending final resolution of this Court’s review of this case (these two parallel cases). Respectfully submitted, Davryl Melffre /s/ Darryl Heffner DARRYL HEFFNER Application for Stay of Continuing Trial Activity (Petitioner, Beneficiary) 4 § 1746 DECLARATION DARRYL HEFFNER Per 28 U.S.C. § 1746, under penalty of perjury under the laws of the United States, I, DARRYL HEFFNER, depose and declare (or certify, verify, or state), that Iam at least 21 years of age, that Iam competent to make this Affidavit / Declaration, that I have personal knowledge of these facts, and that these facts are true and correct. The facts asserted in this Application for Stay of Continuing Trial Court Activity are true and correct. The Ex