Opinion
05-23-01133-CV
11-17-2023
IN RE CHERIE WOODWARD, Relator
Original Proceeding from the 468th Judicial District Court Collin County, Texas Trial Court Cause No. 468-50207-2021
Before Justice Partida-Kipness, Carlyle, and Garcia.
ORDER
ROBBIE PARTIDA-KIPNESS JUSTICE.
Before the Court is pro se relator's November 10, 2023 Petition for Writ of Mandamus, Writ of Prohibition, &Writ of Injunction. In her petition, relator asks this Court to (1) declare void certain portions of a Final Decree of Divorce signed by the trial court on October 19, 2022; (2) order respondent to recuse herself from the case below or, alternatively, issue a writ of prohibition against respondent to "prevent further orders that in 'any way restrict, inhibit, or affect' [Nursery Decals and More, Inc.]"; (3) issue a writ of injunction against real party in interest "from asserting any further claims for [Nursery Decals and More, Inc.] property either directly or indirectly via Relator"; and (4) issue a "temporary order staying any execution, enforcement, and post-judgment discovery on the judgment during the pendency of [relator's] appeal." The petition identifies a related pending appeal, Case No. 05-23-00051-CV, wherein relator, as appellant, challenges the same Final Decree of Divorce and seeks similar relief. We conclude these proceedings should be decided together.
Accordingly, on our own motion, we ORDER case number 05-23-01133-CV CONSOLIDATED into case number 05-23-00051-CV. We DIRECT the Clerk of this Court to remove all documents from case number 05-23-01133-CV and refile them in case number 05-23-00051-CV and to treat case number 05-23-01133-CV as a closed case. We ORDER that all future filings bear only case number 05-23-00051-CV. Any current deadlines in case number 05-23-00051-CV remain in place.
We request a response, if any, to "Issue 1" in relator's petition, including relator's request for relief that this Court declare any portions of the Final Decree of Divorce void, from real party in interest and respondent on or before December 5, 2023. In accordance with this consolidation order, the response should be filed in case number 05-23-00051-CV.
Also before the Court is relator's November 13, 2023 Emergency Motion to Stay Trial Court Proceedings and Motion to Transfer a Copy of the Record from Related Appeal 05-23-00051-CV. The motion is DENIED.
We DIRECT the Clerk of this Court to send a copy of this order to all parties, the trial judge, and the Collin County District Clerk.