In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-20-00074-CV
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IN RE MARK ATHANS
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Original Proceeding
County Court at Law No. 3 of Montgomery County, Texas
Trial Cause No. 18-01-01228-CV
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ORDER
Mark Athans filed a petition for writ of mandamus. The relator is the
respondent in contempt proceedings in Trial Cause Number 18-01-01228-CV, In the
Matter of the Marriage of Mark Edward Athans and Charity Lenee Athans. Relator
seeks a writ compelling the Honorable Patrice McDonald, Judge of the County Court
at Law Number 3 of Montgomery County, Texas, to set aside the divorce decree and
all orders flowing from it, including a contempt order. See Tex. Gov’t Code Ann. §
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22.221. In the alternative, relator asks this Court to set aside the contempt order and
order a new trial with a mandate that extrinsic evidence is permissible.
Relator requests that all contempt proceedings, including his payment
obligations, be stayed as temporary relief. See Tex. R. App. P. 52.10(a). The Court
finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that
all further proceedings in Trial Cause Number 18-01-01228-CV are STAYED until
our Opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b).
No bond is required of the relator as a condition to any relief herein granted.
The response of the real party in interest, Charity Lenee Athans, is due March
12, 2020.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED March 2, 2020.
PER CURIAM
Before Kreger, Horton, and Johnson, JJ.
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