In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00154-CV
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MARIA REVA WEST PRADO, Appellant
V.
MARIA DE LOURDES AYALA LEAL, Appellee
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On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 16-12-13925-CV
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ORDER
The appellant, Maria Reva West Prado, filed a notice of appeal and a motion
for temporary relief from the trial court’s final judgment. The appellee, Maria de
Lourdes Ayala Leal, filed a response to the motion for temporary relief.
The trial court’s judgment directs the District Clerk to disburse 98.16 percent
of funds in the trial court’s registry by check made payable to Augustina Prado Diaz
to be sent by Federal Express to her address in Mexico, orders that the thirty-day
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waiting period for disbursement of funds from the registry be waived, and orders
that the funds be disbursed immediately. The trial court’s order does not provide an
opportunity to supersede the judgment.
The Court finds that a temporary order is necessary to protect this Court’s
appellate jurisdiction over the trial court’s judgment. See Tex. Gov’t Code Ann. §
22.221(a) (West Supp. 2018). It is, therefore, ORDERED that enforcement of the
trial court’s judgment, including sending a check payable to Augustina Prado Diaz
by Federal Express to an address in Mexico, is STAYED until our Opinion issues or
until further order of this Court. The Court directs the parties to file responses stating
their positions regarding whether the trial court’s judgment is subject to being
superseded by statute or under Rule 24 of the Texas Rules of Appellate Procedure.
See generally Tex. R. App. P. 24. The responses must be filed with the Court by
May 31, 2019.
ORDER ENTERED May 21, 2019.
PER CURIAM
Before McKeithen, C.J., Horton and Johnson, JJ.
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