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NO.

13-17-00053CV
______________________________________________
IN THE COURT OF APPEALS
FOR THE THIRTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS
EDINBURG, TEXAS
___________________________________________________
In the Interest of L.D.C.,
A Minor Child
IN RE: J.C.C.,
Relator.
________________________________________________________________________________________________________

RELATORS REQUEST FOR WRIT OF PROHIBITION AND/ OR


EMERGENCY REQUEST FOR TEMPORARY RELIEF TO STAY PROCEEDINGS
_________________________________________________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRTEENTH COURT OF APPEALS:

COMES NOW, Juan Carlos Cervantes, Relator in the above-styled

and numbered cause and files this Petition for Writ of Prohibition and/or

Emergency Request for Temporary Relief to Stay Proceedings and would

respectfully show the Court as follows:

I.
ORDER OF ABATMENT

On April 4, 2016, this Court issued an ORDER OF ABATEMENT for

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

Procedure 8.3. (Exhibit 1- Order of Abatement)

Notwithstanding this Courts Order abating the appeal of the

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

Hon. Nereida Lopez-Singleterry has initiated enforcement proceedings of the

Judgment entered by Hidalgo County Court at Law No. 7, made the basis of this

appeal.

PRAYER OF RELIEF

Relator seeks emergency appellate relief for Writ of Prohibition

directing the Hon. Nereida Lopez-Singleterry, Title IV-D Associate Judge of

Hidalgo County Master Court # 1 to STAY the Title IV-D proceedings that

purports to enforce the Judgment appealed from, currently abated, but

nonetheless under the jurisdiction of the Thirteenth Supreme Judicial Court of

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.,

entry of Default Order, or both.

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Pursuant to that Courts Order, (Order to Appear and Show Cause

Exhibit 2), J.C.C., Relator/Appellant is Ordered to Appear and Show Cause on

October 4, 2017 @ 8:00 a.m. in Master Court #1, Hidalgo County Courthouse,

Edinburg, Texas for Cause No. F-1068-02-7-CV.

WHEREFORE THESE PREMISES CONSIDERED, Relator respectfully

prays that the HONORABLE THIRTEENTH COURT OF APPEALS issue a WRIT

OF PROHIBITION against the Title IV-D Agency and/or the Title IV-D Associate

Judge, Hon. Nereida Lopez-Singleterry whose proceedings are infringing on this

Courts jurisdiction over an appeal of a JUDGMENT, timely perfected, and

currently under an ORDER OF ABATEMENT by THIS HONORABLE COURT.

Respectfully submitted,

/s/ Juan Carlos Cervantes


Juan Carlos Cervantes, pro se
404 Xanthisma Ave.
McAllen, TX 78504
Tel: (956) 638-4074
email: jc_cervantes@msn.com

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CERTIFICATE OF SERVICE

This is to certify that by my signature below, a true and correct copy


of RELATORS REQUEST FOR WRIT OF PROHIBITION AND/ OR EMERGENCY
MOTION FOR TEMPORARY RELIEF TO STAY PROCEEDINGS was sent to the
following counsel of Record listed below on this 18th day of September, 2017 by
fax, email, or by the Courts e-file system.

/s/ Juan Carlos Cervantes


JUAN CARLOS CERVANTES

Hon. Nereida Lopez-Singleterry


Title IV-D Associate Judge
IV-D Court No. 1
100 N. Closner St.
Judicial Annex
Edinburg, Texas 78539
ph: 956/292-7002
fax: 956/318-2455

Ken Paxton, Attorney General of Texas


Jeffery C. Mateer, First Asst. Attorney General
Shannon Holubar, Attorney of Record
CSD-legal-316@texasattorneygeneral.gov
Child Support Division
Child Support Unit 0316E
3508 N. Jackson Rd, St. 600
Pharr, Texas 78577-8643

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

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG


____________________________________________________________

IN THE INTEREST OF L.D.C., A CHILD


____________________________________________________________

On appeal from the County Court at Law No. 7


of Hidalgo County, Texas.
____________________________________________________________

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

protection in bankruptcy in cause number 11-70658 in the United States Bankruptcy

Court, Southern District of Texas, McAllen Division. Upon the filing of a bankruptcy

petition, an automatic stay becomes effective which prohibits the commencement or

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

to Texas Rule of Appellate Procedure 8.3. See id. R. 8.3.

PER CURIAM

Delivered and filed the


6th day of April, 2017.

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EXHIBIT 2