Order entered November 10, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01163-CV
IN RE KATELYN LEANN KYBURZ
Original Proceeding from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. FA-13-1542
ORDER
Before Justices Lang-Miers, Evans, and Whitehill
In accordance with this Court’s opinion issued this date, the petition for writ of
mandamus is conditionally GRANTED. The Court ORDERS the Honorable Brian K. Gary,
Presiding Judge of the 397th Judicial District Court, Grayson County, Texas, to VACATE the
portion of his August 24, 2015 “Temporary Orders in Suit to Modify Parent-Child Relationship”
that requires relator to “refinance the home located at 316 Broadway Street, Bells, Texas by
October 1, 2015” and states, “Should this refinancing not occur prior to October 1, 2015 Mr.
Kyburz shall be named the joint managing conservator with the exclusive right to designate the
primary residence of the children.”
We further ORDER the Honorable Brian K. Gary to file, within TWENTY DAYS of the
date of this order, a certified copy of his order showing compliance with this Court’s opinion and
order. The mandamus will issue only if the Honorable Brian K. Gary, Presiding Judge of the
397th Judicial District Court, Grayson County, Texas, fails to comply with this Court’s opinion
and order.
This Court’s September 23, 2015 order staying the temporary orders to the extent they
require Mother to refinance the home located at 316 Broadway Street in Bells, Texas, by October
1, 2015, and state that “[s]hould this refinancing not occur prior to October 1, 2015 Mr. Kyburz
shall be named the joint managing conservator with the exclusive right to designate the primary
residence of the children” will remain in effect pending further order of this Court.
We ORDER that relator recover her costs of this original proceeding from real parties in
interest.
/s/ ELIZABETH LANG-MIERS
JUSTICE