Opinion
No. 05-20-00565-CV
06-11-2020
IN RE MARC MASEFIELD, Relator
Original Proceeding from the 219th Judicial District Court Collin County, Texas
Trial Court Cause No. 219-53699-2018
NUNC PRO TUNC ORDER
Before Chief Justice Burns, and Justices Bridges and Reichek
Before the Court is relator's petition for mandamus in which he challenges as void an order pursuant to which he was found in contempt for numerous violations of a Divorce Decree. Although the Order includes no coercive terms, it requires relator's compliance with specified provisions of the Decree, clarifies certain terms of the Decree, and awards a judgment of $15,000 to relator's former wife who obtained the Order as a result of her motion for enforcement.
In addition to this original proceeding, relator challenges the Order pursuant to an appeal pending under cause number 05-19-01589-CV. We conclude these proceeding should be decided together.
Accordingly, on the Court's own motion, we ORDER cause number 05-20-00565-CV CONSOLIDATED into cause number 05-19-01589-CV. We DIRECT the Clerk of this Court to remove all documents from cause number 05-20-00565-CV and refile them in cause number 05-19-01589-CV and to treat cause number 05-20-00565-CV as a closed case. We ORDER that all future pleadings be filed in and bear only cause number 05-19-01589-CV. All current deadlines in cause number 05-19-001589-CV remain in place, including the July 2, 2020 deadline for appellee to file her brief.
We request that the real party in interest file a response to relator's petition for writ of mandamus within the time for filing her appellee's brief in cause number 05-19-01589-CV. The real party in interest may include the response within her appellee's brief or file the response as a separate brief in accordance with rule 52.4 of the rules of appellate procedure. TEX. R. APP. P. 52.4.
We DIRECT the Clerk of this Court to send a copy of this order to all parties, the trial judge, and the Dallas District Court Clerk.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE