Opinion
01-22-00368-CV
05-31-2022
In re Gregory Talley
Trial court: 308th District Court of Harris County Trial court case number: 2015-18435
ORDER
April Farris Judge
On May 13, 2022, relator, Gregory Talley, filed a petition for writ of mandamus arguing that the trial court abused its discretion in connection with a March 8, 2022 temporary orders hearing in this suit to modify the parent child relationship. Relator argues that the trial court's entry of temporary orders amounted to an abuse of discretion because the trial court: (1) failed to make a record of an interview with the child, who is the subject of custody proceeding, as required by section 153.009(f) of the Texas Family Code, and (2) entered temporary orders modifying the conservatorship of the child without evidence that the "child's present circumstances would significantly impair the child's physical health or emotional development."
In his mandamus petition, relator notes that the trial court "set the final jury trial date for June 13, 2022." On May 24, 2022, the Court entered an order requesting real party in interest, Julia Talley, file a response to relator's mandamus petition within ten days of the date of the order, on or before June 3, 2022.
On May 27, 2022, relator filed a "Motion for Stay Pending Decision on Petition for Writ of Mandamus." In his motion to stay, relator "requests this Court to stay trial court proceedings pending the determination" of the mandamus petition. Relator argues that the requested "stay is necessary to maintain the status quo of the parties and stay further trial court proceedings until the underlying mandamus is decided."
On May 31, 2022, real party in interest filed a response in opposition to relator's motion to stay the trial court proceedings. In her response, real party in interest argues that because the orders challenged in relator's mandamus petition are temporary orders, it "is neither appropriate nor practical" to stay the June 13, 2022 setting for the final trial of this child custody proceeding.
Relator's motion for stay of the trial court proceedings is denied.
It is so ORDERED.