Opinion
Case number: 01-19-00384-CV
05-21-2019
In re Winnie Stacey Alwazzan, Relator
ORDER
Original Proceeding on Petition for Writ of Injunction from Alwazzan v. Alwazzan, Inc., No. 13-FD-0848 in the 306th District Court, Galveston County, Texas. On May 2, 2019, Winnie Stacey Alwazzan filed a motion for temporary relief and stay. We are treating Winnie's motion as an original proceeding, specifically, a petition for writ of injunction. We have assigned the original proceeding the above case number. The original proceeding is related to Alwazzan v. Alwazzan, 01-16-00589-CV, an appeal currently pending in this Court. The parties to the appeal are appellant, Winnie Alwazzan and appellees, Isa Alwazzan and International Agencies Co., Ltd. (IACL). Winnie requests this Court to enjoin all parties to the appeal from proceeding or taking any action in any trial court (1) related to the dissolution of the marriage between her and Isa and/or (2) related to issues involving their children, while the appeal is pending in this Court. A court of appeals has the power to issue all writs necessary to enforce its jurisdiction. TEX. GOV'T CODE § 22.221(a). It has the power to issue injunctive relief to protect its jurisdiction over the subject matter of a pending appeal. See In re Tex. Dep't of Transp., 2019 WL 1785474, at *2 (Tex. App.—El Paso Apr. 25, 2019). Winnie asserts that allowing the parties to pursue actions in any trial court may interfere in this Court's jurisdiction over the appeal. We grant the following temporary relief, pending our action on the petition for writ of injunction:
Winnie Alwazzan, Isa Alwazzan, and IACL must refrain from pursing or prosecuting any action or seeking any relief from any trial court related to the dissolution of the marriage between Isa and Winnie or related to issues involving their children until the appeal in appellate cause number 01-16-00589-CV is finally concluded, including the disposing of all motions for rehearing and motions for en banc review.
Any party may file a motion for reconsideration of the temporary relief. See TEX. R. APP. P. 52.10(c).
Even though Isa and IACL filed a response to Winnie's motion for stay, the Court further requests a response to the petition for writ of injunction from respondents, Isa Alwazzan and IACL. The response, if any, is due Thursday, June 6, 2019.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
Acting individually Date: May 21, 2019