Opinion
05-21-01166-CV
02-07-2022
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
ROBERT D. BURNS, III CHIEF JUSTICE
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).