in Re Callie Sheard

Court of Appeals of Texas·Decided December 8, 2015·No. 01-15-01027-CV·Published

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Callie Sheard

Appellate case number: 01-15-01027-CV

Trial court case number: 2012-01222J

Trial court: 313th District Court of Harris County

On December 7, 2015, relator, Callie Sheard, filed a petition for a writ of mandamus.

Relator’s petition fails to include a certification in compliance with Texas Rule of Appellate Procedure 52.3(j). See In re Norman, No. 01-10-00915-CV, 2011 WL 286159, at *1 (Tex. App.—Houston [1st Dist.] Jan. 27, 2011, orig. proceeding) (citing In re Butler, 270 S.W.3d 757, 758 (Tex. App.—Dallas 2008, orig. proceeding)). Accordingly, if she desires to proceed with her original proceeding, relator must file a proper certification within 10 days of the date of this order. If a proper certification is not filed, relator’s petition for a writ of mandamus will be denied.

Further, relator has filed a “Motion to Stay Proceedings Pending Relator’s Petition for Writ of Mandamus,” requesting that we stay the trial court proceedings. The motion is granted. The trial court proceedings in cause no. 2012-01222J, In the Interest of E.A.P., a Child, in the 313th District Court of Harris County, are stayed. The stay is effective until disposition of the petition for a writ of mandamus or further order of this Court.

The Court requests a response to the petition from the real parties in interest. The response, if any, is due to be filed with this Court no later than 14 days of the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd  Acting individually  Acting for the Court

Date: December 8, 2015

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Related

In Re Butler
270 S.W.3d 757 (Court of Appeals of Texas, 2008)