Opinion
No. 04-17-00587-CV
10-05-2017
IN THE INTEREST OF C.S.K.
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-CI-17273
Honorable David A. Canales, Judge Presiding
ORDER
Appellant Mother relocated the parties' adult, disabled daughter, C.S.K., to California. Appellee Father filed, in the original trial court number - 2014-CI-14217, a Motion for Enforcement and a Show Cause to Appear. According to Father, Mother argued the trial court lacked jurisdiction over the daughter with regard to residency because she was no longer a "child." After a hearing, the trial court determined Mother violated provisions in the final decree of divorce relating to the residency restriction. On August 18, 2017, the trial court, the Honorable David A. Canales, rendered an order of contempt, fining Mother and requiring her to pay attorney's fees.
Thereafter, Mother filed a petition for declaratory judgment, or alternatively, modification. In that petition, Mother seeks a declaration that the trial court lacks jurisdiction over C.S.K. because she is not a child. Mother also seeks to modify the decree and asks for additional relief. Mother's newly-filed matter was assigned to the Honorable Cathy Stryker. After contacting Judge Stryker's court, this court has learned that a trial on Mother's matter is scheduled to begin Monday, October 9, 2017, at 8:30 a.m.
On September 13, 2017, Judge Canales severed the contempt action from the original, underlying matter, assigning it trial court cause number 2017-CI-17273. After the severance, Mother filed a notice of appeal, seeking to appeal the trial court's order relating to contempt. After Mother filed her notice of appeal, Father filed an emergency motion in this court, asking that we stay all proceedings in this matter, including the proceedings in Judge Stryker's court, pursuant to Rule 29.5 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 29.5. Father argued that allowing this matter to proceed below could interfere with or impair our jurisdiction with regard to the pending appeal. After review, we ordered Mother to file a response.
We have now reviewed both Father's motion and Mother's response. After consideration, we GRANT Father's Motion for Emergency Temporary Relief and ORDER all trial court proceedings relating to this matter, including any proceedings in Judge Stryker's court stayed pending further order of this court. See id.
We further order the clerk of this court to serve a copy of this order on the Honorable David A. Canales, the Honorable Cathy Stryker, and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court