Opinion
No. 08-14-00085-CV
04-02-2014
In Re: A. A., Relator.
AN ORIGINAL PROCEEDING
IN MANDAMUS
ORDER
Pending before the Court is a motion filed by the Real Party in Interest, J.G., asking that we reconsider our order entered on March 24, 2014 granting Relator's motion for emergency relief. In that order we stayed the temporary orders entered by the trial court and stayed further proceedings in cause number 2010AG5964, styled In re J.A.G., a Child.
J.G. asserts that the order staying proceedings in the trial court will prevent the parties from trying the case in May 2014. Even though the case is not currently set for trial in May 2014, it appears there is a reasonable possibility that the case may still be tried during that month. It is well established that the temporary orders in question will become moot when the trial court enters a final order at the conclusion of the jury trial and the losing party may appeal that final order. See In re K.L.R., 162 S.W.3d 291, 301 (Tex.App.--Tyler 2005, no pet.); Wright v. Wentzel, 749 S.W.2d 228, 234 (Tex.App.--Houston [1st Dist.] 1988, no writ); see also Rafferty v. Finstat, 903 S.W.2d 374, 378 (Tex.App.--Houston [1st Dist.] 1995, writ denied) ("In general, temporary orders of a trial court issued during the pendency of a proceeding are superseded by the trial court's final order."). Likewise, any error in the temporary orders will be rendered harmless. Accordingly, we GRANT J.G.'s motion to reconsider and lift the stay of both the temporary orders and the proceedings in cause number 2010AG5964. The writ of mandamus will remain pending and the parties are directed to notify the Court if the case does not proceed to trial by May 30, 2014. Further, if the case does not proceed to trial during May 2014, the Court will consider a new motion for emergency relief filed by Relator in this original proceeding.
IT IS SO ORDERED this 2nd day of April, 2014.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.
(Rivera, J., not participating)