in Re Jasmine Elliot

Opinion

Fourth Court of Appeals San Antonio, Texas

September 2, 2022

No. 04-22-00552-CV

IN RE Jasmine ELLIOT

Original Mandamus Proceeding1

ORDER

Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

On August 31, 2022, relator filed a petition for writ of mandamus and an emergency motion to stay pending final resolution of the petition for writ of mandamus. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real party in interest may file a response to the petition in this court no later than September 19, 2022. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

Real party in interest filed a response to relator’s emergency motion to stay. Real party in interest’s response to the emergency motion violates Texas Rule of Appellate Procedure 9.9 in that the response includes sensitive data, specifically the birth dates and names of people who were minors when the underlying suit was filed, and such data has not been redacted. See TEX. R. APP. P. 9.9. We therefore ORDER that real party in interest’s response to the emergency motion to stay is STRICKEN.

Relator’s emergency motion is GRANTED as follows: The trial court’s August 11, 2022 “Temporary Orders in Suit Affecting the Parent-Child Relationship” is STAYED pending the final resolution of the petition for writ of mandamus.

It is so ORDERED on September 2, 2022.

PER CURIAM

1 This proceeding arises out of Cause No. 2022-CI-05165, styled In the Interest of K.J.E., A Child, pending in the 45th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding. ATTESTED TO: _____________________________ MICHAEL A. CRUZ, Clerk of Court