IN RE WENDY ARCHER
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IN THE SUPREME COURT OF TEXAS
RELATOR'S MOTION FOR EMERGENCY STAY This Relator’s Motion for Emergency Stay is brought by Relator, WENDY ARCHER, who shows in support:
Relator is WENDY ARCHER; Real Party in Interest is CHRISTOPHER
ARCHER; Respondent is the Honorable Judith Wells, Judge of the 325th Judicial District Court of Tarrant County, Texas; Laurie Robinson is the Amicus Attorney appointed by the 325th Judicial District Court in this case; third party defendants in this case are Stacey Archer and Bill Stimmel. 2.
Relator files her Petition for Writ of Mandamus concurrently with this
Motion for Emergency Stay. 3.
Relator includes a certificate of compliance certifying that on July 29, 2010,
she notified respondent, real party in interest, the court-appointed amicus attorney, and the third party defendants by facsimile that a motion for temporary relief would be filed. Tex R. App. P. 52.10(a). 4.
Relator incorporates by reference the factual allegations made in her Petition
for Writ of Mandamus as if set forth in full. 5.
Since Respondent entered her orders on March 8, 2010 and March 16, 2010,
Relator has been and continues to be limited to a temporary possession and access schedule severely reducing her possession and access rights to her children under her Agreed Decree P a g e | 1
of Divorce to one that is less than what is allowed under the Standard Possession Schedule of the Texas Family Code. Relator remains subject to orders requiring her to pay child support, medical expenses, amicus attorney fees, and fees for the new court appointed counselor whom Relator is not entitled to communicate with. Relator’s attorney/client emails remain available for Real Party in Interest, the amicus attorney, and any other party to use as Respondent has declared that they are not privileged. Respondent has never responded to Relator’s Request for Findings of Fact and Conclusions of Law. ARGUMENTS AND AUTHORITIES 6.
The Court may grant temporary relief pending its determination of an
original proceeding. Tex. R. App. P. 52.10(b). 7.
Relator would respectfully show the Court that the continued compliance
with the Orders issued by the trial court on March 8, 2010, March 16, 2010 (with conforming Order signed on May 17, 2010) results in the continued denial of her fundamental rights to the care, custody, and control of their children without due process will result in irreparable harm. 8.
Relator prays that this Court issue it’s order staying all proceedings and
further performance of the Orders issued on March 8, 2010 and March 16, 2010 (with conforming Order signed on May 17, 2010) in Cause No. 325-371563-04, styled In the th
Interest of the Archer Children in the 325 Judicial District Court of Tarrant County, Texas, until such time as the Court has had an opportunity to address the merits of the claims stated herein; and in due course issue its writ of mandamus commanding the trial court to withdraw its orders of March 8, 2010 and March 16, 2010 and May 17, 2010. P a g e | 2
PRAYER WHEREFORE Relator, WENDY ARCHER, prays that the Court grant her Motion for Emergency Stay and immediately issue Stay of the March 8, 2010, March 16, 2010 trial court orders, and the conforming May 17, 2010 order pending disposition of her Petition for Writ of Mandamus. Respectfully Submitted: /s/ Susan H. Keckler, Esq. Attorney for Relator State Bar No. 24050855 The Keckler Law Firm 1135 S. Main Street Grapevine, TX 76051 Tel: (817) 898-0291 Fax: (817) 898-0271
CERTIFICATE OF COMPLIANCE/ CERTIFICATE OF SERVICE
The undersigned counsel certifies to the Court that Relator notified all parties by expedited means and served a copy of the foregoing Relator’s Motion for Emergency Stay in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Respondent: Honorable Judith Wells, Judge of the 325th Judicial District Court of Tarrant County, Texas. Address of service: 200 E. Weatherford St., Ft Worth, TX 76196 Method of service: by fax filing to 817-884-2701
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Date of service: July 29, 2010
Party: CHRISTOPHER J. ARCHER, father and real party in interest Lead attorney: Rachel Moore Address of service: 181 Grand Avenue, Suite 225, Southlake, TX 76092 Method of service: by fax to (817) 481-2637 Date of service: July 29, 2010
Party: Amicus Attorney Lead attorney: Laurie Robinson Address of service: 3020 Matlock Road, Suite 210, Arlington, TX 76015 Method of service: by fax to (817) 417-6363 Date of service: July 29, 2010
Party: Stacey Martin Archer – Third Party Defendant Attorney: Chris Nickelson Address of service: 5201 West Freeway, Suite 100, Fort Worth, TX 76107 Method of service: by fax to (817) 735-1480 Date of service: July 29, 2010
Party: Bill Stimmel – Third Party Defendant Attorney: Marcus C. Marsden, Jr. P a g e | 4
Address of service: 6145 Wedgwood Drive, Fort Worth, TX 76133 Method of service: by fax to (817) 850-9801 Date of service: July 29, 2010 /s/ Susan H. Keckler, Esq. Attorney for Relator
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