in Re Richard A. Garcia

CourtCourt of Appeals of Texas
DecidedJune 30, 2022
Docket04-22-00399-CV
StatusPublished

This text of in Re Richard A. Garcia (in Re Richard A. Garcia) 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 Richard A. Garcia, (Tex. Ct. App. 2022).

Opinion

Fourth Court of Appeals San Antonio, Texas June 30, 2022

No. 04-22-00399-CV

IN RE Richard A. GARCIA

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-12755 Honorable John D. Gabriel Jr., Judge Presiding

Original Mandamus Proceeding1

ORDER

Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Beth Watkins, Justice

On June 29, 2022, relator filed a Petition for Writ of Mandamus and an Emergency Motion to Stay the Enforcement Order the trial court signed on June 7, 2022. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real party in interest may file a response to the petition in this court no later than July 15, 2022. Any such response must conform to Texas Rule of Appellate Procedure 52.4. The respondent and the real party in interest may also file a response to the Emergency Motion to Stay.

We GRANT the Emergency Motion to Stay, in part, as follows:

1. The following findings contained in the Enforcement Order the trial court signed on June 7, 2022 are STAYED pending further order of this court: • Violation 20 (February 2021); • Violation 21 (March 2021); • Violation 22 (April 2021); • Violation 23 (May 2021); • Violation 24 (June 2021); • Violation 28 (July 2021);

1 This proceeding arises out of Cause No. 2017-CI-12755, styled In the Matter of the Marriage of Elizabeth J. Ranft- Garcia and Richard Anthony Garcia and in the Interest of J.E.R.G., a Child, pending in the 37th Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel Jr. presiding. • Violation 29 (August 2021); • Violation 30 (September 2021); and • Violation 31 (October 2021).

2. The contempt of relator is STAYED pending further order of this court.

3. The award of attorney’s fees requiring relator to pay $10,485.00 “attorney’s fees, expenses, and costs . . . . on or before the 30th day after the date this judgment is signed” is STAYED pending further order of this court.

It is so ORDERED on June 30, 2022.

PER CURIAM

ATTESTED TO: _________________________ MICHAEL A. CRUZ, CLERK OF COURT

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in Re Richard A. Garcia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richard-a-garcia-texapp-2022.