NUMBER 13-22-00258-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE THE TEXAS DEPARTMENT
OF FAMILY AND PROTECTIVE SERVICES
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Hinojosa, and Silva
Order Per Curiam
On June 2, 2022, relator The Texas Department of Family and Protective Services
(the Department) filed a petition for writ of mandamus and a motion for temporary
emergency relief. By petition for writ of mandamus, the Department asserts that the trial
court “abused its discretion in entering an order requiring the Department to take
possession and conservatorship of a child in a suit to which the Department was not a
party.” By motion for temporary emergency relief, the Department seeks to stay the trial
court’s order of May 18, 2022, and any contempt proceedings, sanctions, or enforcement
actions based on that order, pending resolution of this original proceeding.
The Court, having examined and fully considered the Department’s motion for
temporary emergency relief, is of the opinion that it should be granted as stated herein.
Accordingly, we grant the motion for temporary emergency relief, and we order the
provisions of the trial court’s May 18, 2022 order requiring the Department to take
possession and custody of the minor child, along with any enforcement of those
provisions, to be stayed pending further order of this Court, or until this case is finally
decided. See TEX. R. APP. P. 52.10(b). The trial court proceedings are otherwise not
stayed.
The Court requests that the real party in interest, DeWitt County, Texas, or any
others whose interest would be directly affected by the relief sought, file a response to
the petition for writ of mandamus on or before the expiration of ten days from the date of
this order. See id. R. 52.2, 52.4, 52.8.
PER CURIAM
Delivered and filed on the
3rd day of June, 2022.
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