Opinion
Appellate case number: 01-19-00722-CV
12-05-2019
In the Matter of the Marriage of Allan Ray Comstock and Mindy Lee Comstock
ORDER Trial court case number: 15-FD-3019 Trial court: County Court at Law No. 1 of Galveston County
In this direct appeal of a final divorce decree, appellant, Mindy Lee Comstock, has filed a motion for temporary relief and stay. Appellant asks this Court to stay enforcement and contempt proceedings in the trial court. Appellee, Allan Ray Comstock, has filed a response to appellant's motion.
When a final judgment has not been superseded or stayed pending an appeal, the trial court may entertain a motion for contempt. In re Sheshtawy, 154 S.W.3d 114, 124-25 (Tex. 2004) (orig. proceeding); see also In re Crow-Billingsley Air Park, Ltd., 98 S.W.3d 178, 179 (Tex. 2003) (orig. proceeding) (holding trial court had jurisdiction to hear motion to enforce final judgment even though judgment appealed); TEX. FAM. CODE § 6.709(j), 9.002, 9.007(a). The final divorce decree in this appeal has not been superseded or stayed. See TEX. R. APP. P. 24.1, 24.2. Accordingly, the Court denies appellant's motion.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: December 5, 2019