in Re Raymond Rutledge Fulp, III

• Court: Court of Appeals of Texas
• Decided: January 13, 2023
• Docket: 13-23-00016-CV
• Status: Published

Opinion

NUMBER 13-23-00016-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE RAYMOND RUTLEDGE FULP III

On Petition for Writ of Mandamus.

ORDER

Before Justices Benavides, Tijerina, and Peña Order Per Curiam

On January 13, 2023, relator Raymond Rutledge Fulp III filed a petition for writ of

mandamus and a motion to stay in this cause. By petition for writ of mandamus, relator

contends that the trial court has abused its discretion by failing to enter a final decree of

divorce in accordance with a mediated settlement agreement and by setting the final

hearing for a date when counsel for relator is unavailable. By motion to stay, relator seek

to stay the underlying proceedings pending resolution of this petition for writ of

mandamus. This Court, having examined and fully considered relator’s motion to stay, is of the

opinion that it should be granted. Accordingly, we grant the motion to stay, and we order

the trial court proceedings, including the hearing set for January 18, 2023, to be stayed

pending the resolution of this original proceeding. See TEX. R. APP. P. 52.10(b) (“Unless

vacated or modified, an order granting temporary relief is effective until the case is finally

decided.”). We request the real party in interest, Cathy Fulp, or any others whose interest

may be directly affected by the relief sought, to file a response to the petition for writ of

mandamus within ten (10) days from the date of this order. See id. R. 52.4, 52.8.

PER CURIAM

Delivered and filed on the 13th day of January, 2023.