in Re Kathleen Thomas ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00154-CV
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IN RE KATHLEEN THOMAS
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Original Proceeding
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MEMORANDUM OPINION
Kathleen Thomas filed an emergency motion to stay all proceedings in the
trial court pending this Court’s disposition of her petition for writ of mandamus.
See generally Tex. R. App. P. 52.10. Thomas did not file a petition seeking
mandamus relief. “Implicit within Rule 52.10 is the necessity for a petition to be
filed before the appellate court can grant emergency relief.” In re Ramirez, 133
S.W.3d 664, 664-65 (Tex. App.—Corpus Christi 2003, orig. proceeding). “Until a
petition is filed, there is no dispute before the court.” Id. at 665.
We have no jurisdiction to consider the motion because Thomas has not
filed a petition for writ of mandamus. Accordingly, we dismiss relators’ motion
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for want of jurisdiction, without prejudice to reassert the motion after commencing
a proceeding pursuant to Texas Rule of Appellate Procedure 52.
DISMISSED.
PER CURIAM
Submitted on April 24, 2015
Opinion Delivered April 27, 2015
Before McKeithen, C.J., Kreger and Horton, JJ.
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