In re James Allen Martinson Appeal from 300th District Court of Brazoria County (memorandum opinion per curiam)

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Opinion issued November 1, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00253-CV ——————————— IN RE JAMES ALLEN MARTINSON, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, James Allen Martinson, filed a petition for a writ of mandamus seeking to vacate the respondent district judge’s enforcement order as void in the underlying modification proceeding.1 This Court granted the relator’s motion for emergency stay of the enforcement order and requested and received a response. 1 The underlying proceeding is In the Matter of the Marriage of Darla Joyce Martinson and James Allen Martinson, Cause No. 93631-F, in the 300th District Court, Brazoria County, the Honorable Randall Hufstetler presiding. Relator has filed a motion for continuance of the November 5, 2018 trial date, the real party in interest filed a response and a motion for reconsideration of the stay order, and relator has filed an emergency motion to stay all trial court proceedings. We lift this Court’s stay and deny the mandamus petition. See TEX. R. APP. P. 52.8(a), (d). We dismiss all pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Massengale, and Brown. 2

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