Opinion
NUMBER 13-19-00187-CV
04-17-2019
IN RE NADASHA THOMAS
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Relator Nadasha Thomas filed a petition for writ of mandamus and motion for emergency stay of the trial court's orders in the above cause on April 16, 2019. Through this original proceeding, relator contends that the trial court abused its discretion in (1) conducting a hearing on the real party in interest Y'Kuiam Lavar Denson's request for temporary orders, (2) entering temporary orders that changed the managing conservator who has the exclusive right to designate the minor child's residence and also imposed a geographic restriction, and (3) holding relator in contempt for violating a void order. She requests that we conditionally grant mandamus relief and direct the trial court to issue a written ruling to vacate the temporary orders issued on September 6, 2018, and the March 26, 2019 order compelling relator to deliver the child to Denson and finding her in contempt. Through her motion for emergency stay, relator seeks to stay the hearing on additional temporary orders scheduled for Thursday, April 18, 2019, and the contempt hearing set for May 7, 2019.
The Court, having examined and fully considered the motion for emergency relief, is of the opinion that the motion should be granted in part and denied in part. The motion for emergency relief is GRANTED and the hearing on contempt set for May 7, 2019 is ordered STAYED pending further order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). The motion is denied as to all other relief sought. Specifically, the trial court shall proceed with matters pertaining to the best interest of the child and the child's welfare, and all matters necessary to that pursuit, including the independent custody evaluation.
The Court requests that the real party in interest, Denson, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus on or before the expiration of seven days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 17th day of April, 2019.