Opinion
08-24-00350-CV
12-10-2024
IN RE: R.E.S. AND P.R.S., Relators.
AN ORIGINAL PROCEEDING IN MANDAMUS
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4(a), the motion or matter ruled on through this Order may have been decided by a single Justice sitting on the panel.
This original proceeding arises out of a jury trial that resulted in the termination of Real Party in Interest's parental rights to E.A.P, a minor child. After the jury trial, RPI moved for and was granted a new trial. Relators now petition this Court for a writ of mandamus asking us to vacate the trial court's order granting a new trial and to order the trial court to enter an order reflecting the jury's verdict terminating RPI's parental rights. In the petition and other motions filed in this Court, Relators state they have requested, paid for, but have not received the transcript of the trial from the court reporter.
Now before the Court is Relators' Second Motion for Emergency Relief Pending a Ruling on Petition for Writ of Mandamus. The emergency motion states that on December 6, 2024, RPI filed additional motions in the trial court seeking various temporary orders, including a petition for writ of habeas corpus concerning the conservatorship, access, and possession of the child. Relators ask this Court to stay further proceedings in the trial court including hearings or dispositions on RPI's motions.
The Court is mindful that it cannot resolve the pending petition without a complete mandamus record and finds the following orders are necessary to ensure the timely resolution of this proceeding. It is therefore ORDERED that Relators continue to provide this Court with updated information and communications detailing their continued effort to procure the reporter's record so that they may supplement the mandamus record. It is further ORDERED that Jason Mestas, official court reporter of the 383rd Judicial District Court, provide to this Court within three days of receipt of order written notice advising of the status of the record and a date certain that he expects to complete and provide the reporter's record to Relators.
Due to the urgent and sensitive nature of proceedings involving parental terminations, the Court GRANTS Relator's motion for a stay, and ORDERS that further proceedings in the trial court shall be stayed pending the resolution of this petition for writ of mandamus.
IT IS SO ORDERED.