Opinion
07-23-00315-CV
10-05-2023
IN RE R.L., RELATOR
Original Proceeding Arising From Proceedings Before the 223rd District Court Gray County, Texas Trial Court No. 40562, Honorable Phil Vanderpool, Presiding
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
ORDER ON MOTION TO STAY UNDERLYING PROCEEDINGS
PER CURIAM
Relator, R.L., has filed a petition for writ of mandamus challenging a ruling of the respondent, the Honorable Phil Vanderpool, in a proceeding in which the Texas Department of Family and Protective Services (the "Department") seeks to terminate his parental rights. Relator has filed a motion to stay the underlying trial proceedings pending review of his petition. The matter is currently set for a final trial on the merits on October 9, 2023. A final trial before the disposition of Relator's petition for writ of mandamus will necessarily disturb this Court's determination of the issues presented in the petition.
Pursuant to Rule 52.10(b) of the Texas Rules of Appellate Procedure, "[t]he court - on motion of any party or on its own initiative - may without notice grant any just relief pending the court's action on the petition." TEX. R. APP. P. 52.10(b). "Rule 52.10 exists to afford the court opportunity to address the dispute encompassed within a petition for mandamus (for instance) by maintaining the status quo until it can address that dispute." In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.-Amarillo 1999, no pet.) (citing In re Reed, 901 S.W.2d 604, 609 (Tex. App.-San Antonio 1995, orig. proceeding)). In order to preserve the issues presented in the petition for writ of mandamus pending disposition, Relator's motion for a stay is GRANTED.
By this order, further proceedings and all orders issued in trial court cause number 40562, 223rd Judicial District Court, Gray County, Texas, are stayed until further order of this Court.
It is so ordered.