Opinion
14-24-00720-CV
11-06-2024
IN RE MATTHEW LANCE PERKINS, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 309TH DISTRICT COURT HARRIS COUNTY, TEXAS TRIAL COURT CAUSE NO. 2013-03419
Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.
ORDER
PER CURIAM
On September 30, 2024, relator Matthew Lance Perkins filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator asks this Court to compel the Honorable Linda Dunson, presiding judge of the 309th District Court of Harris County, to vacate the trial court's August 27, 2024 order granting real party in interest, Ashley Leann Smades's, motion for interim attorneys' fees in the amount of $90,000.00 and finding that relator's petitions to modify the parent-child relationship filed by relator have been frivolous.
On October 25, 2024, relator filed a motion to stay the underlying order. Relator advised that the real party in interest had filed a motion to enforce the interim attorneys' fees order and seeks to hold relator in criminal and civil contempt. A hearing is set in the underlying trial court on the motion to enforce for November 13, 2024.
It appears from the facts stated in the petition and motion that relator's request for mandamus relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
We ORDER the trial court's August 27, 2024 order granting real party in interest's motion for interim attorneys' fees in the amount of $90,000.00 in Cause Number, 2013-03419, In the Interest of G.D.P., a child, STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this Court.
We further ORDER relator to file an amended petition for writ of mandamus and appendix that complies with the Texas Rules of Appellate Procedure. See Tex. R. App. Proc. 9.4(k) (spacing and certification as to the length of relator's document); 9.9(a)(3) ("privacy protections for documents filed in civil cases); 52.3(g) ("Every statement of fact in the petition must be supported by citation to competent evidence in the appendix or record."). Relator's petition for writ of mandamus will be dismissed unless relator files with the clerk of this court an amended petition and appendix to address the issues identified above on or before November 13, 2024.