in Re: Candice L. Griffin

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Candice L. Griffin, Relator

Appellate case number: 01-19-00545-CV

Trial court case number: 97725-F

Trial court: 300th District Court of Brazoria County

This Court’s July 25, 2019 Order requested a response to the petition for a writ of mandamus filed by relator, Candice L. Griffin, and noted, while relator’s petition made a request for a stay, relator did not file a motion for temporary relief that complies with Rule 52.10(a). See TEX. R. APP. P. 52.3(j), (k), 52.7(a)(2), 52.10(a). Later on July 25, 2019, relator filed a “Supplement to Petition for Writ of Mandamus with Notice that Relator’s Petition for Writ of Mandamus Contained a Request for Temporary Relief” to notify this Court that her petition included a request to stay the trial commencing on July 29, 2019, that complies with Rule 52.10(a). However, the Clerk of this Court’s records do not reflect that relator has filed a separate motion for temporary relief that complies with Rule 52.10(a). See TEX. R. APP. P. 52.10(a)(1) (“[t]he relator may file a motion to stay any underlying proceedings or for any other temporary relief pending the court’s action on the petition.”) (emphasis added).

Accordingly, the Court orders relator to file a separate motion for temporary relief that complies with Rule 52.10(a). See TEX. R. APP. P. 52.10(a)(1). Relator’s motion for temporary relief, if any, shall be filed by 3:00pm Friday, July 26, 2019, if relator requests to stay the trial commencing on July 29, 2019.

It is so ORDERED. Judge’s signature: ____/s/ Laura C. Higley___  Acting individually  Acting for the Court Date: __July 26, 2019___