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in Re Walter Lynn Johnston, Relator

Citation: Not availableDocket: 07-22-00177-CV

Court: Court of Appeals of Texas; June 28, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the petitioner challenged a contempt judgment issued by a trial court judge, claiming it was void. The petitioner sought a writ of mandamus or, alternatively, a writ of habeas corpus, along with an emergency motion to stay the proceedings. The Court of Appeals, exercising its authority under Rule 52.10(b) of the Texas Rules of Appellate Procedure, granted the emergency stay. This decision was made to protect the court's jurisdiction and maintain the status quo while the petition's merits were under review. The stay specifically addressed the enforcement of a contempt judgment regarding temporary support obligations. The court's decision effectively paused any further actions related to the contempt judgment until further orders were issued, ensuring that the appellate review process could proceed without interference from ongoing trial court actions.

Legal Issues Addressed

Authority to Grant Emergency Relief

Application: The Court of Appeals utilized its authority to grant emergency relief by staying the enforcement of a contempt judgment during the review of a petition for writ of mandamus.

Reasoning: The Court of Appeals, referencing Rule 52.10(b) of the Texas Rules of Appellate Procedure, acknowledged its authority to grant 'just relief' without notice, which may include staying the enforcement of an order to protect its jurisdiction and maintain the status quo during the consideration of the case.

Contempt Judgment in Support Obligations

Application: The emergency stay halted further actions related to the trial court's contempt judgment concerning temporary support obligations.

Reasoning: Consequently, the Court granted Johnston's motion for an emergency stay, halting any further actions related to the trial court's contempt judgment regarding temporary support obligations in case number 2019-534,357, until a further order is issued by the Court.

Purpose of a Stay in Appellate Review

Application: The stay was issued to prevent interference with the court's jurisdiction and to maintain the status quo while the merits of the petition were being examined.

Reasoning: The Court emphasized that such a stay is intended to allow for the examination of the petition's merits without interference from ongoing proceedings.