Opinion
13-23-00371-CV
08-25-2023
IN RE SCOTT MOLINA
On Petition for Writ of Mandamus.
Before Justices Tijerina, Silva, and Pena
ORDER
PER CURIAM
On August 16, 2023, relator Scott Molina (Scott) filed a petition for writ of mandamus through which he asserts that the trial court abused its discretion by issuing interim orders on June 30, 2023, in a suit affecting the parent-child relationship. Scott also sought temporary relief to stay the trial court's interim orders pending the resolution of this original proceeding. On August 17, 2023, we issued an order requesting the real party in interest, Diana Molina (Diana), to file a response to the petition within seven days, or by August 24, 2023. In our order, we neither granted nor denied Scott's request for temporary relief, but instead carried that request with the case pending further review.
Diana has now filed an opposed motion for extension of time to file her response to Scott's petition for writ of mandamus. She seeks an additional twenty-one days to file her response, which would then be due on September 14, 2023. Scott filed an objection to Diana's motion for extension of time on grounds that an "extension would effectively deny the relief that [he] seeks" in this original proceeding. However, Scott further states that he would not object to this Court granting an extension of time for Diana to file her response if this Court were to grant his request for temporary relief and stay the interim orders. By reply, Diana asserts that her appellate counsel for this original proceeding was not retained until August 24, 2023, the date that her response was originally due, and that her counsel therefore requires this additional time to draft and file a response that would be helpful to the Court. Diana also asserts, inter alia, that Scott has not furnished a sufficient record to support his claim for relief and that the trial court's interim orders actually maintain the status quo between the parties.
The Court, having examined and fully considered Diana's opposed motion for extension of time, Scott's objection, and Diana's reply, is of the opinion that Diana's opposed motion for extension of time should be granted in part and denied in part. We grant Diana's opposed motion for extension of time, in part, and extend the time for her to file her response for fourteen days, until Thursday, September 7, 2023. Given the nature of this case as involving child custody and possession, we deny her request in part, regarding any additional time. Scott's request for temporary relief will remain under review.