in Re Rosa Elena Gomez
This text of in Re Rosa Elena Gomez (in Re Rosa Elena Gomez) 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.
Opinion
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Fourth Court of Appeals San Antonio, Texas September 13, 2022
No. 04-22-00580-CV
IN RE Rosa Elena GOMEZ
Original Mandamus Proceeding1
ORDER
Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice
On September 8, 2022, relator filed a petition for writ of mandamus and an emergency motion for temporary relief pending final resolution of the petition for writ of mandamus. 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 September 28, 2022. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
Relator’s request for temporary relief is GRANTED IN PART. The following portions of the decretal paragraphs in the trial court’s June 29, 2022 “Modified Temporary Orders” are STAYED pending further order of this court:
IT IS ORDERED that ROSA ELENA GOMEZ is removed as the conservator with the exclusive right to determine the residence of the children . . . .
IT IS ORDERED that JOSE LEONARDO MAGANA, as a parent temporary joint managing conservator, shall have the following rights and duty: the exclusive right to determine the residence of the children.
IT IS FURTHER ORDERED that JOSE LEONARDO MAGANA shall have the exclusive right to designate the children’s primary residence.
The remaining paragraphs in the trial court’s June 29, 2022, Modified Temporary Orders remain in effect.
1This proceeding arises out of Cause No. 2019-EM5-00713, styled In the Interest of E.E.G, a Child, pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Martha Tanner presiding. FILE COPY
It is so ORDERED on September 13, 2022.
PER CURIAM
ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT
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