in Re: James Matthew Hurley

Opinion

Order entered [ehruarv 13, 2013

In The

Qtonrt of tpptat

jfiftj itrict of t!txa at aUa No. 05-13-00001-CV

IN RE: JAMES MATThEW HURLEY, ReLator

On Appeal from the 15th Judicial District Court Grayson County, Texas

Trial Court Cause No. FA12-1419

ORDER

Before Justices 1’ioseIev, Francis, and Fillmore

In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the Honorable James Patrick Fallon, Judge of the 15th Judicial District Court, to VACATE his November 15, 2012 “Order Granting Transfer of Venue to Cameron County, Texas and Temporary Visitation Provision for the Children” and his December 10, 2012 order denying reconsideration of the November 15 order and to RENDER an order denying the motion to transfer venue.

Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of its order issued in compliance with this order.

We ORDER that relator recover his costs of this original proceeding from real party in interest. Ve DENY relator’s motion for emergency relief as moot.

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