Opinion
No. 07-07-0494-CV
May 6, 2008.
Appealed from the 106th District Court of Lynn County; No. 06-12-06420; Honorable Carter T. Schildknecht, Judge.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER
Appellant, Clifford Holland, has filed an Emergency Motion to Review Denial of Supersedeas and Suspension of Judgment with this Court requesting suspension of a default judgment entered against him that, inter alia, ordered him to pay $1,360 per month in current child support, $500 per month for retroactive child support, and $300 per month for medical support. We grant the motion.
An appeal from a final order in a suit affecting the parent-child relationship is treated the same as in civil cases generally. See TEX. FAM. CODE ANN. § 109.002(a) (Vernon 2002). However, an appeal from a final order, with or without supersedeas bond, does not suspend the order unless suspension is ordered by the court rendering the order. § 109.002(c). On a "proper showing" in a non-termination case, the appellate court may permit an order to be suspended. § 109.002(c). See also TEX. R. APP. P. 24.4(a)(4).
Further reference to provisions of the Texas Family Code will be by reference to "§ ____."
In the present case, Holland has made a "proper showing" that the final order should be suspended. See § 109.002(c). Thus, we grant Holland's motion and suspend enforcement of the 106th District Court's Order in Suit Affecting the Parent-Child Relationship entered in Cause Number 061206420 pending the issuance of our opinion or further order of this Court, whichever comes earlier. See Smith v. Smith, 63 S.W.3d 599, 599 (Tex.App.-Waco 2002), order withdrawn as aff'd, 143 S.W.3d 206 (Tex.App.-Waco 2004, no pet.).