in Re Office of the Attorney General of Texas ( 2018 )

NUMBER 13-18-00474-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE OFFICE OF THE ATTORNEY GENERAL OF TEXAS
On Petition for Writ of Mandamus.
ORDER
Before Justices Contreras, Longoria, and Hinojosa
Per Curiam Order
Relator, the Office of the Attorney General of Texas, filed a petition for writ of
mandamus and motion for stay in the above cause on August 28, 2018. Through this
original proceeding, relator seeks to vacate an “Agreed Order to Reduce Child Support
to Judgment” signed on July 9, 2018 which eliminates past due child support arrearage
in the amount of $4,175.81. Through its motion to stay, the relator seeks to stay the July
9, 2018 order, and “any proceedings related to that order,” pending resolution of this
original proceeding.
The Court, having examined and fully considered the motion to stay, is of the
opinion that it should be granted in part and denied in part. We grant the motion to stay
and order the provisions in the July 9, 2018 order which reduce the child support
arrearage and order the relator to “correct the amount of child support arrearage” to be
stayed pending further order of this Court or resolution of this original proceeding. See
TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief
is effective until the case is finally decided.”). We deny the motion to stay regarding other
provisions of the order which, inter alia, pertain to the provision of regular child support.
The Court requests that the real parties in interest, Mark Smithson and Sara
Kotzur, 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.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
29th day of August, 2018.
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