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CAUSE NO. 14-00945-393
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
MICHAEL B. MELNYK
POP OR ON OD UD UD OD CO? HOD
AND 442™4 JUDICIAL DISTRICT
DEBRA S. MELNYK
AND IN THE INTEREST OF
ELLE E. MELNYK,
A MINOR CHILD DENTON COUNTY, TEXAS
AGREED MOTION TO REOPEN THE EVIDENCE
DEBRA S. MELNYK and MICHAEL B. MELNYK, Movants, ask the Court to allow them
to reopen the evidence in this cause, which was tried before the Honorable Tiffany Haertling on
February 9, 10, and 11 2015, for the limited purpose of receiving the evidence attached hereto as
Exhibit “A”. The evidence that Movants request be admitted into the record is in the attached
affidavit of DEBRA S. MELNYK. The facts set out in the attached affidavit are highly material in
this case.
I. Introduction
MICHAEL B. MELNYK is the Petitioner and DEBRA S. MELNYK is the Respondent in
this cause.
Although all parties have rested, it is necessary for DEBRA S. MELNYK and/or
MICHAEL B. MELNYK to present additional relevant evidence and testimony as contained in
the attached Exhibit “A.”
IL. Facts
At the final trial held, beginning on February 9, 2015 and ending on February 11, 2015,
neither party presented what are known as the “prove-up” questions, which are necessary for the
Court to render a divorce in this cause.
Based on the aforementioned facts, additional testimony from one of the parties to the
divorce is necessary.
Motion to Reopen The Evidence Page 1
(2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence)II. Argument and Authorities
A trial court should reopen the evidence when the introduction of additional evidence
clearly appears to be necessary to the administration of justice. TEx. R. Civ. P. 270. The decision
to reopen the case to permit additional evidence is within the trial court’s sound discretion. The
trial court should liberally exercise that discretion to permit the full development of the case.
In deciding whether to allow additional evidence, a court should consider factors that
include (1) whether the Movant has been diligent in obtaining the evidence, (2) whether the
additional evidence is decisive, (3) whether the receipt of additional evidence will cause undue
delay, and (4) whether reopening evidence will cause injustice. In re J.A.H., 996 S.W.2d 933, 935
(Tex.App.—Waco 1999, no pet.); Jn re Estate of Huff, 15 S.W.3d 301, 308 (Tex.App.—Texarkana
2000, no pet.).
The court should reopen the evidence in this case for the following reasons:
a. The evidence Movants seek to introduce is decisive and is directly related to the
fair adjudication of this case; and
b. The receipt of evidence will not cause undue delay because the parties have agreed
that this evidence shall be submitted via the affidavit of DEBRA S. MELNYK.
IV. Conclusion
In conclusion, Movants requests that the Court grant this motion to reopen the evidence in
this case to allow the Court to properly consider the additional testimony relevant thereto.
Vv. Prayer
For these reasons, Movants ask the Court to reopen the evidence, and for all further relief
deemed just and appropriate.
Respectfully submitted,
KKOONSFULLER, P.C,
320 W. Eagle Drive, Suite 200
Denton, Texas 76201
(940) 442-6677 Telephone
(940) 442-6671 Facsimile
By:
Satah A. Darnell
State Bar No. 24055320
Motion to Reopen The Evidence Page 2
(2-12-15;sv,sad\Melnyk, Debra\Pleadings& Orders\Motion To Reopen The Evidence)State Bar No. 24055320
Email: sarah@koonsfuller.com
Attorney for Respondent
Verification
The undersigned states under oath: “I am the attorney for the Movant in this Motion to
Reopen the Evidence. I have read the motion. The statements contained within motion are within
my personal knowledge and are true and correct,7
arah A, Darnell
p
SIGNED under oath before me on
Certificate of Service
I certify that a true copy of the above was served on each attorney of record, via electronic
service, e-mail, and/or facsimile, or party in accordance with the TEXAS RULES OF CIVIL
PROCEDURE on February 12, 2015.
arah A. Darnell
Motion to Reopen The Evidence Page 3
(2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence)Agreed:
S;
JORDAN M. PARKER
KATHERINE L. LACKEY
Attorneys for Petitioner
Motion to Reopen The Evidence
(2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence)
Page 4IN THE MATTER OF
THE MARRIAGE OF
MICHAEL B. MELNYK
AND
DEBRA S. MELNYK
AND IN THE INTEREST OF
ELLE E. MELNYK,
A MINOR CHILD
CAUSE NO. 14-00945-393
IN THE DISTRICT COURT
442"4 JUDICIAL DISTRICT
LPO? OP UO OP PO? LO? ED OP
DENTON COUNTY, TEXAS
AFFIDAVIT OF DEBRA S. MELNYK
Before me, the undersigned authority, personally appeared DEBRA S. MELNYK, who
being by me duly sworn, deposed and said:
“My name is DEBRA S. MELNYK, I am over eighteen (18) years of age and my address
is 3817 Peppertree Drive, Carrollton, TX 75007. I have never been convicted of a felony nor a
crime of moral turpitude, and I am in all things fully competent.
“I am the Respondent in this case.
A:
Oo FF 2 F 2 FQ Be
Would you state your name, please?
DEBRA S. MELNYK
Are you presently married to MICHAEL B. MELNYK?
Yes
Have you been a domiciliary of Texas for the preceding six-month period and a
resident of Denton County for the preceding ninety-day period?
Yes
Were you married to MICHAEL B. MELNYK on June 12, 2010, and did you cease
to live together as husband and wife on or about February 12, 2014?
Yes
Has your marriage to MICHAEL B. MELNYK become insupportable because of a
discord or conflict of personalities that destroys the legitimate ends of the marriage
relationship?
Yes
Affidavit In Support of Motion to Reopen The Evidence Page 1
(2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\A
2 an To Reopen The Evidence)
EXHIBIT
1AIs there any reasonable expectation of reconciliation?
No
Were there any children born during this marriage?
Yes, one daughter.
Is that daughter ELLE E. MELNYK, born on May 1, 2013?
Yes
Were any children adopted?
No
Are you expecting a child at this time?
No
Were there any court-ordered conservatorships, guardianships, or other court-
ordered relationships affecting ELLE E. MELNYK before this divorce proceeding?
No
Does ELLE E. MELNYK own any property?
No
PO > 2 FO FO FQ FQ BL
“Further, Affiant sayeth not.”
Affiant CS O
THE STATE OF TEXAS )
COUNTY OF )
Before me the undersigned notary public, on this day personally appeared DEBRA S.
MELNYK, known to be or proved to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
A Teme ON
i
3
‘State of Texas Pp
Rare? expires 11-06-2018 ¢ Notary Public,
Affidavit In Support of Motion to Reopen The Evidence Page 2
(2-12-15;sv,sad\Melnyk, Debra\Pleadings& Orders\A ffidavit In Support of Motion To Reopen The Evidence)
Preview
CAUSE NO. 14-00945-393 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF MICHAEL B. MELNYK POP OR ON OD UD UD OD CO? HOD AND 442™4 JUDICIAL DISTRICT DEBRA S. MELNYK AND IN THE INTEREST OF ELLE E. MELNYK, A MINOR CHILD DENTON COUNTY, TEXAS AGREED MOTION TO REOPEN THE EVIDENCE DEBRA S. MELNYK and MICHAEL B. MELNYK, Movants, ask the Court to allow them to reopen the evidence in this cause, which was tried before the Honorable Tiffany Haertling on February 9, 10, and 11 2015, for the limited purpose of receiving the evidence attached hereto as Exhibit “A”. The evidence that Movants request be admitted into the record is in the attached affidavit of DEBRA S. MELNYK. The facts set out in the attached affidavit are highly material in this case. I. Introduction MICHAEL B. MELNYK is the Petitioner and DEBRA S. MELNYK is the Respondent in this cause. Although all parties have rested, it is necessary for DEBRA S. MELNYK and/or MICHAEL B. MELNYK to present additional relevant evidence and testimony as contained in the attached Exhibit “A.” IL. Facts At the final trial held, beginning on February 9, 2015 and ending on February 11, 2015, neither party presented what are known as the “prove-up” questions, which are necessary for the Court to render a divorce in this cause. Based on the aforementioned facts, additional testimony from one of the parties to the divorce is necessary. Motion to Reopen The Evidence Page 1 (2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence)II. Argument and Authorities A trial court should reopen the evidence when the introduction of additional evidence clearly appears to be necessary to the administration of justice. TEx. R. Civ. P. 270. The decision to reopen the case to permit additional evidence is within the trial court’s sound discretion. The trial court should liberally exercise that discretion to permit the full development of the case. In deciding whether to allow additional evidence, a court should consider factors that include (1) whether the Movant has been diligent in obtaining the evidence, (2) whether the additional evidence is decisive, (3) whether the receipt of additional evidence will cause undue delay, and (4) whether reopening evidence will cause injustice. In re J.A.H., 996 S.W.2d 933, 935 (Tex.App.—Waco 1999, no pet.); Jn re Estate of Huff, 15 S.W.3d 301, 308 (Tex.App.—Texarkana 2000, no pet.). The court should reopen the evidence in this case for the following reasons: a. The evidence Movants seek to introduce is decisive and is directly related to the fair adjudication of this case; and b. The receipt of evidence will not cause undue delay because the parties have agreed that this evidence shall be submitted via the affidavit of DEBRA S. MELNYK. IV. Conclusion In conclusion, Movants requests that the Court grant this motion to reopen the evidence in this case to allow the Court to properly consider the additional testimony relevant thereto. Vv. Prayer For these reasons, Movants ask the Court to reopen the evidence, and for all further relief deemed just and appropriate. Respectfully submitted, KKOONSFULLER, P.C, 320 W. Eagle Drive, Suite 200 Denton, Texas 76201 (940) 442-6677 Telephone (940) 442-6671 Facsimile By: Satah A. Darnell State Bar No. 24055320 Motion to Reopen The Evidence Page 2 (2-12-15;sv,sad\Melnyk, Debra\Pleadings& Orders\Motion To Reopen The Evidence)State Bar No. 24055320 Email: sarah@koonsfuller.com Attorney for Respondent Verification The undersigned states under oath: “I am the attorney for the Movant in this Motion to Reopen the Evidence. I have read the motion. The statements contained within motion are within my personal knowledge and are true and correct,7 arah A, Darnell p SIGNED under oath before me on Certificate of Service I certify that a true copy of the above was served on each attorney of record, via electronic service, e-mail, and/or facsimile, or party in accordance with the TEXAS RULES OF CIVIL PROCEDURE on February 12, 2015. arah A. Darnell Motion to Reopen The Evidence Page 3 (2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence)Agreed: S; JORDAN M. PARKER KATHERINE L. LACKEY Attorneys for Petitioner Motion to Reopen The Evidence (2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\Motion To Reopen The Evidence) Page 4IN THE MATTER OF THE MARRIAGE OF MICHAEL B. MELNYK AND DEBRA S. MELNYK AND IN THE INTEREST OF ELLE E. MELNYK, A MINOR CHILD CAUSE NO. 14-00945-393 IN THE DISTRICT COURT 442"4 JUDICIAL DISTRICT LPO? OP UO OP PO? LO? ED OP DENTON COUNTY, TEXAS AFFIDAVIT OF DEBRA S. MELNYK Before me, the undersigned authority, personally appeared DEBRA S. MELNYK, who being by me duly sworn, deposed and said: “My name is DEBRA S. MELNYK, I am over eighteen (18) years of age and my address is 3817 Peppertree Drive, Carrollton, TX 75007. I have never been convicted of a felony nor a crime of moral turpitude, and I am in all things fully competent. “I am the Respondent in this case. A: Oo FF 2 F 2 FQ Be Would you state your name, please? DEBRA S. MELNYK Are you presently married to MICHAEL B. MELNYK? Yes Have you been a domiciliary of Texas for the preceding six-month period and a resident of Denton County for the preceding ninety-day period? Yes Were you married to MICHAEL B. MELNYK on June 12, 2010, and did you cease to live together as husband and wife on or about February 12, 2014? Yes Has your marriage to MICHAEL B. MELNYK become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship? Yes Affidavit In Support of Motion to Reopen The Evidence Page 1 (2-12-15;sv,sad\Melnyk, Debra\Pleadings&Orders\A 2 an To Reopen The Evidence) EXHIBIT 1AIs there any reasonable expectation of reconciliation? No Were there any children born during this marriage? Yes, one daughter. Is that daughter ELLE E. MELNYK, born on May 1, 2013? Yes Were any children adopted? No Are you expecting a child at this time? No Were there any court-ordered conservatorships, guardianships, or other court- ordered relationships affecting ELLE E. MELNYK before this divorce proceeding? No Does ELLE E. MELNYK own any property? No PO > 2 FO FO FQ FQ BL “Further, Affiant sayeth not.” Affiant CS O THE STATE OF TEXAS ) COUNTY OF ) Before me the undersigned notary public, on this day personally appeared DEBRA S. MELNYK, known to be or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. A Teme ON i 3 ‘State of Texas Pp Rare? expires 11-06-2018 ¢ Notary Public, Affidavit In Support of Motion to Reopen The Evidence Page 2 (2-12-15;sv,sad\Melnyk, Debra\Pleadings& Orders\A ffidavit In Support of Motion To Reopen The Evidence)