in Re James and Wendy Schick ( 2018 )

Fourth Court of Appeals San Antonio, Texas December 19, 2018 No. 04-18-00839-CV IN RE JAMES and Wendy SCHICK Original Mandamus Proceeding 1 ORDER On November 6, 2018, relators filed a petition for writ of mandamus and the real parties in interest responded. After reviewing the petition and the response, we conclude relators are entitled to the relief requested. Accordingly, the petition for writ of mandamus is CONDITIONALLY GRANTED. TEX. R. APP. P. 52.8(c). The Honorable Martha Tanner is ORDERED to (A) vacate her (1) October 25, 2018 “Emergency Temporary Orders Authorizing Placement of a Child” and (2) November 6, 2018 “Order Denying Motions to Strike,” (B) grant the Texas Department of Family and Protective Services’ and relators’ motions to strike, and (C) dismiss the petition in intervention filed by the real parties in interest for lack of jurisdiction, within fifteen days from the date of this order. The writ will issue only if we are notified that Judge Tanner has not complied within fifteen days from the date of this order. It is so ORDERED on December 19, 2018. _____________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of December, 2018. _____________________________ Keith E. Hottle, Clerk of Court 1 This proceeding arises out of Cause No. 2017-PA-00946, styled In the Interest of D.M.B., a Child, pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Martha Tanner presiding.