Diego Velasquez v. Daniela Rayon

• Court: Court of Appeals of Texas
• Decided: February 7, 2022
• Docket: 05-21-01166-CV
• Status: Published

Opinion

Order entered February 7, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-01166-CV

DIEGO VELASQUEZ, Appellant

V.

DANIELA RAYON, Appellee

On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-54052-2021

ORDER

This is an appeal from a protective order. Before the Court is appellee’s

January 27, 2022 “Motion/Plea In Abatement.” Relying on section 81.009(b) of

the Texas Family Code, appellee seeks to abate this appeal pending resolution of a

separate divorce proceeding involving appellant. See TEX. FAM. CODE ANN.

§ 81.009(b) (providing a protective order rendered against party in suit for

dissolution of marriage may not be appealed until divorce decree becomes final).

We DENY the motion. See Puente v. Puente, No. 01-18-00583-CV, 2019 WL 3418510, at *3 (Tex. App.—Houston [1st Dist.] July 30, 2019, no pet.) (section

81.009(b) applies solely to protective orders entered in divorce action, not to

protective orders in another proceeding against person who is also party to separate

suit for divorce).

/s/ ROBERT D. BURNS, III CHIEF JUSTICE