In Re Jonathon Patrick Simons v. the State of Texas
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Opinion
NUMBER 13-25-00401-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE JONATHON PATRICK SIMONS
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Justice Fonseca1
Relator Jonathon Patrick Simons filed a petition for writ of mandamus seeking to
compel the trial court to vacate a contempt order on grounds that it is void in whole or in
part. Relator also filed an emergency motion seeking to stay enforcement of the contempt
order. By order previously issued in this case, the Court granted relator’s emergency
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). motion, stayed the contempt order, and requested the real party in interest, Heather
Nicole Simons, to file a response to the petition for writ of mandamus. The real party in
interest has now filed her response to the petition for writ of mandamus. According to the
response, the real party in interest “does not oppose” and “does not challenge” relator’s
request to vacate the contempt order.
The Court, having examined and fully considered the petition for writ of mandamus
and the response thereto, is of the opinion that the petition for writ of mandamus should
be granted. Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP.
P. 52.10. We conditionally grant the petition for writ of mandamus, and we direct the trial
court to vacate its contempt order of July 15, 2025. Our writ will issue only if the trial court
fails to promptly comply.
YSMAEL D. FONSECA Justice
Delivered and filed on the 12th day of September, 2025.
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