Opinion
13-21-00380-CV
11-04-2021
IN RE JULIE COVINGTON
On Petition for Writ of Mandamus.
Before Chief Justice Contreras and Justices Hinojosa and Silva
ORDER
PER CURIAM
This cause is currently before the Court on relator's motion to stay trial court proceeding in underlying suit affecting the parent-child relationship (SAPCR) pending disposition of writ of mandamus. Relator has filed an accompanying emergency petition for writ of mandamus with this Court, No. 13-21-00322-CV, In re Julie Covington, Relator, in the Thirteenth Court of Appeals. See In re Ramirez, 133 S.W.3d 664, 664-65 (Tex. App.-Corpus Christi-Edinburg 2003, orig. proceeding) (holding that a petition for writ of mandamus must be filed before granting temporary relief). 1
Relator's motion urges this Court to stay the trial court proceedings in Cause No. A-21-7013-FL in County Court at Law of Aransas County, Texas until this Court's disposition of the petition for writ of mandamus in No. 13-21-00322-CV. The petition for writ of mandamus concerns relator's Petition in Intervention as a grandparent in the underlying case.
The Court, having fully examined and considered relator's motion to stay, is of the opinion that relator's motion to stay should be granted. Relator's motion to stay trial court proceeding in underlying SAPCR pending disposition of emergency writ of mandamus is hereby granted.
Real Parties in Interest, the Texas Department of Family and Protective Services, Jessica Schaffer, Allen Schaffer, and Ashley (Osteen) Gortemiller, are ordered to file their response(s) within ten days. See Tex. R. App. P. 10.3. 2