in Re Mark Athans

• Court: Court of Appeals of Texas
• Decided: March 2, 2020
• Docket: 09-20-00074-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-20-00074-CV _________________

IN RE MARK ATHANS

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Original Proceeding County Court at Law No. 3 of Montgomery County, Texas Trial Cause No. 18-01-01228-CV ________________________________________________________________________

ORDER

Mark Athans filed a petition for writ of mandamus. The relator is the

respondent in contempt proceedings in Trial Cause Number 18-01-01228-CV, In the

Matter of the Marriage of Mark Edward Athans and Charity Lenee Athans. Relator

seeks a writ compelling the Honorable Patrice McDonald, Judge of the County Court

at Law Number 3 of Montgomery County, Texas, to set aside the divorce decree and

all orders flowing from it, including a contempt order. See Tex. Gov’t Code Ann. §

1 22.221. In the alternative, relator asks this Court to set aside the contempt order and

order a new trial with a mandate that extrinsic evidence is permissible.

Relator requests that all contempt proceedings, including his payment

obligations, be stayed as temporary relief. See Tex. R. App. P. 52.10(a). The Court

finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that

all further proceedings in Trial Cause Number 18-01-01228-CV are STAYED until

our Opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b).

No bond is required of the relator as a condition to any relief herein granted.

The response of the real party in interest, Charity Lenee Athans, is due March

12, 2020.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED March 2, 2020. PER CURIAM

Before Kreger, Horton, and Johnson, JJ.