Smith v. Smith

ORDER SUSPENDING DECREE

PER CURIAM.

Karen D. Smith, appellant in each of the above cases, filed a motion in each appeal to suspend enforcement of the decree of divorce pending the appeals. Jerry W. Smith, Sr., appellee in each case, opposes both motions.

Finding that Karen Smith has made a “proper showing” and that the decree of divorce does not terminate the parent-child relationship as to either party, the motion filed in Cause No. 10-00-00409-CV is granted and enforcement of the decree of divorce entered in Cause No. 99-00-09292 in the 13th Judicial District Court of Navarro County, Texas, is hereby suspended pending the issuance of our opinion in said cause or until further order of this court, whichever comes earlier. See Tex. Fam.Code Ann. § 109.002(c) (Vernon Supp. 2002).

Having granted the motion in the direct appeal from the decree, we deny as unnecessary the motion to suspend the decree filed by Karen Smith in Cause 10-01-00108-CV.

Justice GRAY dissenting.