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13-17-00053CV
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IN THE COURT OF APPEALS
FOR THE THIRTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS
EDINBURG, TEXAS
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In the Interest of L.D.C.,
A Minor Child
IN RE: J.C.C.,
Relator.
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and numbered cause and files this Petition for Writ of Prohibition and/or
I.
ORDER OF ABATMENT
the Appeal of the JUDGMENT in Cause No. F-1068-02-7 until further notice.
The parties and the Title IV-D Agency were directed to take such action as is
appropriate to advise the Court of any change in the status of the bankruptcy
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proceeding which would affect the status of this appeal, including but not
limited to, the filing of a motion to reinstate pursuant to Texas Rule of Appellate
Judgment entered in Cause No. F-1068-02-7-CV, the Title IV-D Agency and/or
the Title IV-D Associate Judge of Hidalgo County, Texas Master Court # 1, the
Judgment entered by Hidalgo County Court at Law No. 7, made the basis of this
appeal.
PRAYER OF RELIEF
Hidalgo County Master Court # 1 to STAY the Title IV-D proceedings that
Appeals.
Relator makes this request for emergency relief not for delay, but
in the interest of justice and to avoid the penalties imposed by his Failure to
Appear as ordered which include issuance of a capias for the arrest of J.C.C.,
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Pursuant to that Courts Order, (Order to Appear and Show Cause
October 4, 2017 @ 8:00 a.m. in Master Court #1, Hidalgo County Courthouse,
OF PROHIBITION against the Title IV-D Agency and/or the Title IV-D Associate
Respectfully submitted,
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CERTIFICATE OF SERVICE
APPELLATE COUNSEL
Office of Attorney General of Texas
P. O. Box 12017 (MC 038-1)
Austin, Texas 78711-2017
Rande K. Herrell, Lead Counsel
State Bar No. 09529400
rande.herrell@texasattorneygeneral.gov
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EXHIBIT 1
NUMBER 13-17-00053-CV
COURT OF APPEALS
ORDER OF ABATEMENT
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
On January 17, 2017, appellant Juan C. Cervantes filed a notice of appeal, and on
March 20, 2017, appellant filed his docketing statement indicating that he had filed for
Court, Southern District of Texas, McAllen Division. Upon the filing of a bankruptcy
continuation of any judicial action or proceeding against the debtor and any property
within the debtor's bankruptcy estate. See 11 U.S.C.A. 362(a). Pursuant to Rule 8.2
of the Texas Rules of Appellate Procedure, the appeal is suspended. See TEX. R. APP.
P. 8.2. Accordingly, this appeal is ABATED until further order of this Court. Any
documents filed subsequent to the bankruptcy petition will remain pending until the appeal
is reinstated. The parties are directed to take such action as is appropriate to advise the
Court of any change in the status of the bankruptcy proceeding which would affect the
status of this appeal, including but not limited to, the filing of a motion to reinstate pursuant
PER CURIAM
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EXHIBIT 2