in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor

Court of Appeals of Texas

in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor

DecidedJanuary 19, 2012

Docket03-12-00011-CV

StatusPublished

This text of in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor (in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor, (Tex. Ct. App. 2012).

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Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00011-CV

In re Kim Henderson and Randy Henderson,

Individually and as Next Friends of MFPD 263, a Minor

ORIGINAL PROCEEDING FROM BURNET COUNTY

O R D E R

PER CURIAM

Late yesterday afternoon, relators Kim Henderson and Randy Henderson, individually and as next friends of MFPD 263, a minor, filed a petition for writ of mandamus and a request for emergency relief from the district court's "Fiat Regarding Pretrial Publicity by Parties." The relators' mandamus petition seeks to vacate the district court's order. The relators' request for emergency relief asks this Court to vacate that order in advance of a hearing scheduled for 9:00 a.m. today. Thus, relators do not seek distinct temporary relief pending this Court's action on the merits of their petition, but rather an instantaneous ruling on the merits of their petition. Compare Tex. R. App. P. 52.10(a) (permitting relator to file motion to stay any underlying proceedings or for any other temporary relief pending court's action on petition); 52.4 (prohibiting court from granting any relief other than temporary relief before response to petition has been filed or requested).

As such, we deny relators' request for emergency relief. Relators' petition for writ of mandamus remains pending. The parties shall provide a status report to this Court by January 26, 2012 about the status of this morning's plea hearing, whether the pretrial order of which relators complain is still in effect, and any further orders issued by the district court.

It is ordered on January 19, 2012.

Before Justices Puryear, Rose and Goodwin

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00011-CV

In re Kim Henderson and Randy Henderson,

Individually and as Next Friends of MFPD 263, a Minor

ORIGINAL PROCEEDING FROM BURNET COUNTY

O R D E R

PER CURIAM

Late yesterday afternoon, relators Kim Henderson and Randy Henderson, individually and as next friends of MFPD 263, a minor, filed a petition for writ of mandamus and a request for emergency relief from the district court's "Fiat Regarding Pretrial Publicity by Parties." The relators' mandamus petition seeks to vacate the district court's order. The relators' request for emergency relief asks this Court to vacate that order in advance of a hearing scheduled for 9:00 a.m. today. Thus, relators do not seek distinct temporary relief pending this Court's action on the merits of their petition, but rather an instantaneous ruling on the merits of their petition. Compare Tex. R. App. P. 52.10(a) (permitting relator to file motion to stay any underlying proceedings or for any other temporary relief pending court's action on petition); 52.4 (prohibiting court from granting any relief other than temporary relief before response to petition has been filed or requested).

As such, we deny relators' request for emergency relief. Relators' petition for writ of mandamus remains pending. The parties shall provide a status report to this Court by January 26, 2012 about the status of this morning's plea hearing, whether the pretrial order of which relators complain is still in effect, and any further orders issued by the district court.

It is ordered on January 19, 2012.

Before Justices Puryear, Rose and Goodwin

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in Re Kim Henderson and Randy Henderson, Individually and as Next Friends of MFPD 263, a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kim-henderson-and-randy-henderson-individual-texapp-2012.