in the Interest of J.M.F.L., a Child ( 2020 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
_______________________________
06-20-00059-CV
_______________________________
IN THE INTEREST OF J.M.F.L., A CHILD
On Appeal from the 304th District Court
Dallas County, Texas
Trial Court No. JC-19-01296-W
Before Morriss, C.J., Burgess and Stevens, JJ.
ORDER
On July 29, 2020, Appellant, Kyndall O’Neal, filed an Emergency Motion to Stay
Enforcement of the Judgement and for Temporary Orders (Emergency Motion) pending a
decision by the Court on her appeal from the trial court’s final order. The Emergency Motion
asks this Court to stay the enforcement of the final order, which declared Appellee, Antonio
Fernando Figueiredo Lopes, parent of J.M.F.L. and ordered Appellant, the gestational mother of
J.M.F.L., to immediately surrender the child to Appellee. The Emergency Motion also asks this
Court to enter temporary orders requiring the child, J.M.F.L., to remain in the United States
pending resolution of this appeal. A response to the Emergency Motion is pending.
Attached to the Emergency Motion is Appellant’s Unsworn Declaration Under Penalty of
Perjury (Declaration). The Declaration shows that Lopes plans to take J.M.F.L. to Portugal to
live1 and that Appellant would be financially unable to pursue her rights in Portugal if she
prevails in this appeal. She asks this Court to require J.M.F.L to remain in the United States to
preserve her rights pending this appeal.
We are authorized to issue writs necessary to enforce our jurisdiction. TEX. GOV’T CODE
ANN. § 22.221(a) (Supp.). It is well settled “that a court will protect its jurisdiction by
preserving the subject matter of the litigation in order to make its decrees effective.” Dawson v.
First Nat’l Bank of Troup, 417 S.W.2d 652, 653 (Tex. App.—Tyler 1967, orig. proceeding)
(per curiam) (citing City of Dallas v. Wright, 36 S.W.2d 973, 976 (Tex. 1931)); see In re Health
1
Appellee’s attorney has represented to the Court that Appellee has possession of the child and that he may have
traveled with the child to Portugal.
2
Discovery Corp., 148 S.W.3d 163, 164–65 (Tex. App.—Waco 2004, orig. proceeding). In this
case, it is necessary to enjoin Appellee from removing J.M.F.L. from the United States so that
our decree will be effective if Appellant prevails in her appeal. Consequently, we are of the
opinion that the Emergency Motion should be granted, in part, and that an injunction should
issue enjoining Appellee from removing J.M.F.L. from the United States pending the resolution
of this appeal or upon further order of this Court.
Now, therefore, it is ordered that Antonio Fernando Figueiredo Lopes is enjoined from
removing J.M.F.L. from the jurisdiction of the United States of America pending the ruling of
this Court on Appellant’s appeal of the trial court’s final order or upon further order of this
Court. This writ is issued in accordance with Section 22.221(a) of the Texas Government Code
to enforce and protect this Court’s jurisdiction pending final disposition of the appeal of this
case.
No bond is required of Appellant as a condition to the issuance of this injunction since it
is issued under Section 22.221(a) to enforce and protect our jurisdiction. TEX. GOV’T CODE
ANN. § 22.221(a); Health Discovery, 148 S.W.3d at 166.
We express no opinion on the merits of the pending appeal.
IT IS SO ORDERED.
BY THE COURT
Date: August 4, 2020
3