in Re Steven Lay, Relator
This text of in Re Steven Lay, Relator (in Re Steven Lay, Relator) 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
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-21-00072-CV
IN RE STEVEN LAY, RELATOR
ORIGINAL PROCEEDING
May 3, 2021 ORDER ON MOTION FOR EMERGENCY STAY Before PIRTLE and PARKER and DOSS, JJ.
Relator, S.L., has filed a petition for writ of mandamus with this Court seeking an
order directing respondent, the Honorable Matt Martindale, to reinstate a suit affecting
parent-child relationship that respondent dismissed for want of jurisdiction. Additionally,
S.L. has filed a motion for emergency stay requesting this Court to stay further
proceedings related to the suit affecting parent-child relationship in either trial court cause
number 77301L2, or 79232L2, pending disposition of his mandamus petition.
An appellate court, pursuant to Rule 52.10(b) of the Texas Rules of Appellate
Procedure, may grant any “just relief” pending the disposition of an original petition
without notice. TEX. R. APP. P. 52.10(b). Just relief may include staying the enforcement of an order for purposes of protecting the jurisdiction of the appellate court by maintaining
the status quo of the underlying proceeding while the court considers the merits of the
original proceeding. In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.—Amarillo 1999, orig.
proceeding); In re Reed, 901 S.W.2d 604, 609 (Tex. App.—San Antonio 1995, orig.
proceeding).
S.L.’s petition for writ of mandamus and motion for emergency stay were both filed
with this Court on April 23. To afford this Court sufficient time to review the merits of
S.L.’s petition for writ of mandamus and any response filed by real-parties-in-interest,1 his
motion for emergency stay is granted. All trial court proceedings in trial court cause
numbers 77301L2, and 79232L2, are stayed pending disposition of S.L.’s petition.
Per Curiam
1 On April 27, 2021, this Court requested real-parties-in-interest file a response to relator’s petition for writ of mandamus. 2
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