in Re M.B.

• Court: Court of Appeals of Texas
• Decided: August 13, 2019
• Docket: 09-19-00247-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00247-CV __________________

IN RE M.B. __________________________________________________________________

Original Proceeding 418th District Court of Montgomery County, Texas Trial Cause No. 19-03-04129-CV __________________________________________________________________

ORDER

Relator M.B. filed a petition for writ of mandamus. The relator is the maternal

grandfather of the children in trial cause number 19-03-04129-CV, the underlying

suit affecting the parent-child relationship. Relator seeks a writ compelling the trial

judge to withdraw his order striking relator’s petition to intervene in the case. We

note our jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. §

22.221 (West Supp. 2018).

Relator alleges that prejudice will result if the current trial setting occurs

before the issues raised in the petition for writ of mandamus can be resolved. The

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

ORDERED that the final trial in this case is STAYED until our Opinion issues or

until further order of this Court. The Court denies the Relator’s request to stay all

further proceedings. See Tex. R. App. P. 52.10(b). No bond is required of the relator

as a condition to any of the relief herein granted.

The responses of the real parties in interest, L.M. and the Department of

Family and Protective Services, are due August 23, 2019.

MOTION FOR TEMPORARY RELIEF GRANTED IN PART.

ORDER ENTERED August 13, 2019.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.