in Re Irma Ybarra ( 2014 )

NUMBER 13-14-00531-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE IRMA YBARRA
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Benavides, and Perkes
Per Curiam Order
Relator, Irma Ybarra, filed a petition for writ of mandamus and motion for temporary
relief in the above cause on September 18 and 19, 2014. Relator seeks to compel the
respondent, the Honorable David Stith, Presiding Judge of the 319th District Court of
Nueces County, Texas, to render judgment granting relator’s petition for writ of habeas
corpus and order the attachment of the body of the minor child to relator. See TEX. FAM.
CODE ANN. §§ 157.372, 157.374, 157.376 (West, Westlaw through 2013 3d C.S.).
Through this original proceeding, relator also seeks to compel the Honorable Bobby
Galvan, the Presiding Judge of the 94th District Court of Nueces County, Texas, to vacate
a temporary restraining order. By emergency motion, relator seeks to stay all
proceedings against her in the 319th District Court.
The Court, having examined and fully considered the motion for emergency relief,
is of the opinion that it should be and is DENIED. The Court requests that the real party
in interest, Roland Marcha, or any others whose interest would be directly affected by the
relief sought, file a response to the petition for writ of mandamus on or before the
expiration of ten days from the date of this order. See TEX. R. APP. P. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
19th day of September, 2014.
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