Opinion
04-22-00848-CV
06-21-2023
IN THE INTEREST OF S.P. AND H.P., Children,
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-00618 Honorable Angelica Jimenez, Judge Presiding
Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Lori Valenzuela, Justice
Not participating.
ORDER
PER CURIAM
On December 5, 2022, the trial court denied appellant's motion to compel arbitration. On December 14, 2022, appellant filed a notice of appeal that stated, in part, "[t]rial court proceedings are automatically stayed under Texas Civil Practice and Remedies Code [section] 51.014(b)."
On June 20, 2023, appellant filed in this court an Emergency Motion for Temporary Relief in which he contends appellee intends to remove the children from Texas for an indeterminate period of time in violation of the trial court's standing order. Appellant asks this court to issue an order enjoining appellee from removing the children from Texas during the pendency of this appeal. Appellant contends he has no other forum in which to seek relief because "[s]hould he file a TRO or motion to enforce in the trial court, [he] risks violating the stay." However, other than this contention, appellant provides no other support for his argument that he is precluded from seeking relief in the trial court.
On June 20, 2023, appellee filed a response correctly noting that appellant's allegations in the motion are not "supported by affidavit or other satisfactory evidence." See Tex. R. App. P. 10.2 ("Evidence on Motions").
We DENY appellant's motion.