Tara S. Brighton F/K/A Sybil B. Koss v. Gregory Koss

• Court: Texas Supreme Court
• Decided: July 25, 2013
• Docket: 12-0501
• Status: Published

Opinion

Order entered July 19, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-10-01613-CV

IN THE INTEREST OF D.T.K., A MINOR CHILD

On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-07-12791

ORDER Before Chief Justice Wright and Justices Francis and Lang-Miers

We GRANT appellee’s June 20, 2013 motion and SEVER her cross-appeal so as to

make our March 26, 2012 memorandum opinion on rehearing final. Appellee’s cross-appeal is

docketed as appellate cause number 05-13-00952-CV and is styled In the Interest of D.T.K., A

Minor Child. The record filed in cause number 05-10-01613-CV is considered also filed in

cause number 05-13-00952-CV.

We DIRECT the Clerk of the Court to transfer the following documents from cause

number 05-10-01613-CV into cause number 05-13-00952-CV:

(1) the Court’s May 8, 2012 order denying appellee’s motion for rehearing; (2) appellee’s April 3, 2012 motion for rehearing; (3) the Court’s March 26, 2012 opinion; (4) the Court’s March 26, 2012 order; (5) the Court’s January 5, 2012 order; (6) appellee’s January 3, 2012 motion for extension of time to file motion for en banc reconsideration; (7) appellee’s December 21, 2011 motion for en banc reconsideration; (8) the Court’s December 5, 2011 order; (9) the Court’s December 5, 2011 memorandum opinion; (10) appellant’s October 31, 2011 response to brief in support of affidavit of indigency; (11) appellee’s October 24, 2011 brief in support of motion to review trial court’s order sustaining objection to affidavit of indigence; (12) the Court’s October 12, 2011 order; (13) the Court’s July 20, 2011order; (14) appellant’s May 31, 2011 notice of filing; (15) appellee’s May 9, 2011 docketing statement; (16) the court reporter’s May 6, 2011 first amended contest of affidavit of inability to pay costs; (17) appellee’s April 27, 2011 notice of cross-appeal; (18) appellee’s April 27, 2011 affidavit of inability to pay costs; and (19) a copy of this order.

In the interest of justice, we ABATE the appeal in cause number 05-10-01613-CV. That

appeal shall be reinstated upon final disposition of appellee’s petition for review currently

pending under cause number 12-0501 in the Texas Supreme Court.

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE