in Re: Evelyn Nelke ( 2019 )

Order entered April 5, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00050-CV IN RE EVELYN NELKE, Relator Original Proceeding from the 470th Judicial District Court Collin County, Texas Trial Court Cause No. 470-51760-2018 ORDER We LIFT the stay issued by this Court on January 18, 2019. Based on the Court’s opinion of this date, we DENY IN PART and CONDITIONALLY GRANT IN PART relator’s petition for writ of mandamus. We CONDITIONALLY GRANT the petition for writ of mandamus on the issue of the grant of possession to Christina Lilly Gropp and ORDER the trial judge, the Honorable Emily Miskel, to vacate the portions of the November 29, 2018 Temporary Orders appointing Christina Lilly Gropp a possessory conservator and awarding her possession of the child. We DENY the petition for writ of mandamus as to Christina Lilly Gropp’s standing to intervene in this suit. We further ORDER the trial judge to file with this Court, within fifteen (15) days of the date of this order, a certified copy of her order or orders issued in compliance with this order. Should the trial court fail to comply with the order, the writ will issue. /s/ DAVID J. SCHENCK JUSTICE