Diego Velasquez v. Daniela Rayon ( 2022 )

Order entered February 7, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01166-CV
DIEGO VELASQUEZ, Appellant
V.
DANIELA RAYON, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-54052-2021
ORDER
This is an appeal from a protective order. Before the Court is appellee’s
January 27, 2022 “Motion/Plea In Abatement.” Relying on section 81.009(b) of
the Texas Family Code, appellee seeks to abate this appeal pending resolution of a
separate divorce proceeding involving appellant. See TEX. FAM. CODE ANN.
§ 81.009(b) (providing a protective order rendered against party in suit for
dissolution of marriage may not be appealed until divorce decree becomes final).
We DENY the motion. See Puente v. Puente, No. 01-18-00583-CV, 2019 WL
3418510, at *3 (Tex. App.—Houston [1st Dist.] July 30, 2019, no pet.) (section
81.009(b) applies solely to protective orders entered in divorce action, not to
protective orders in another proceeding against person who is also party to separate
suit for divorce).
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE