Celia Beatriz Garcia v. Michael Anthony Benavides

Fourth Court of Appeals
San Antonio, Texas
August 19, 2019
No. 04-19-00451-CV
Celia Beatriz GARCIA,
Appellant
v.
Michael Anthony BENAVIDES,
Appellee
From the 38th Judicial District Court, Uvalde County, Texas
Trial Court No. 2018-09-32349-CV
Honorable Ron Carr, Judge Presiding
ORDER
On March 22, 2019, the Honorable Ron Carr, sitting for the 38th Judicial District Court
in Uvalde County, signed a default final decree of divorce. The decree appointed Michael
Anthony Benavides and Ceila Beatriz Garcia Silva as joint managing conservators with
Benavides given the exclusive right to designate the primary residence of the child M.A.B.
Garcia filed a motion for new trial and a notice of appeal.
In a petition for writ of habeas corpus filed in Bexar County, Benavides averred that the
child was being illegally restrained by Garcia, and Benavides sought a writ of attachment for
possession of the child. On August 9, 2019, the Honorable David A. Canales, the presiding
judge of the 73rd District Court in Bexar County, issued the writ.
On August 12, 2019, Garcia moved this court to issue emergency temporary orders
granting her possession of the child and setting a hearing on the matter of possession.
Garcia’s motion for emergency temporary orders is DENIED without prejudice to Garcia
seeking appropriate relief from the trial court. See TEX. FAM. CODE ANN. § 109.001.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 19th day of August, 2019.
___________________________________
Keith E. Hottle,
Clerk of Court