Opinion
NUMBER 13-20-00508-CV
11-24-2020
IN RE ERICA NICOLE MINSCHKE
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so," but "[w]hen granting relief, the court must hand down an opinion as in any other case"); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator Erica Nicole Minschke filed a petition for writ of mandamus and motion for emergency stay in the above cause on November 23, 2020. By petition for writ of mandamus, relator seeks to compel the trial court to: (1) stay the underlying trial court matters because Texas provides an inconvenient forum and a child custody proceeding should be commenced in Florida rather than Texas, and (2) compel the trial court to vacate its possession order on grounds relator received inadequate notice of an enforcement hearing. See TEX. FAM. CODE ANN. § 152.207(c) ("If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, the court shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state . . . ."); id. §157.062 (requiring specific forms of notice for enforcement hearings). Relator further seeks emergency relief staying all trial court proceedings pending resolution of this petition for writ of mandamus.
The Court, having examined and fully considered the motion for emergency stay, is of the opinion that it should be granted. Accordingly, we GRANT relator's motion for emergency stay and order the trial court proceedings STAYED pending resolution of this original proceeding or further order of this Court. See TEX. R. APP. P. 52.10. The Court requests that the real parties in interest, Sonia S. Gonzales and Crispin Gonzales, or any others whose interest might be affected by the relief sought, file a response to the petition for writ of mandamus within ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
PER CURIAM Delivered and filed the 24th day of November, 2020.