in the Interest of C.T.H. and H.V.H., Children ( 2020 )

Order entered March 31, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01476-CV
IN THE INTEREST OF C.T.H. AND H.V.H., CHILDREN
On Appeal from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-14-07021
ORDER
Appellants, grandparents of the children, appeal from an order from family
court denying their motion to dismiss pursuant to the Texas Citizens Participation
Act. See TEX. CIV. PRAC. & REM. CODE ANN. § 27.003, 51.014(a)(12). Before the
Court is appellee’s March 10, 2020 emergency motion to lift stay. Appellee asks
this Court to lift the automatic stay invoked by appellants so that she can seek to
modify possession and access to the children and enforce child support and
medical support against the father of the children. See id. § 51.014(b).
Section 51.014(b) provides that “[a]n interlocutory appeal under Subsection
(a), other than an appeal under Subsection (a)(4) or in a suit brought under the
Family Code, stays the commencement of a trial in the trial court pending
resolution of the appeal.” See id. (Emphasis added). Because the underlying
lawsuit was brought under the Family Code, the automatic stay of section
51.014(b) does not apply. Accordingly, we DENY the motion as moot.
We DIRECT the Clerk of this Court to send a copy of this order to the
Honorable Sandra Jackson, Presiding Judge of the 302nd Judicial District Court,
and, all parties.
/s/ BILL WHITEHILL
JUSTICE