                                         In The

                                  Court of Appeals
                      Ninth District of Texas at Beaumont
                                _________________
                                 NO. 09-15-00154-CV
                                _________________


                           IN RE KATHLEEN THOMAS

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                                 Original Proceeding
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                            MEMORANDUM OPINION

      Kathleen Thomas filed an emergency motion to stay all proceedings in the

trial court pending this Court’s disposition of her petition for writ of mandamus.

See generally Tex. R. App. P. 52.10. Thomas did not file a petition seeking

mandamus relief. “Implicit within Rule 52.10 is the necessity for a petition to be

filed before the appellate court can grant emergency relief.” In re Ramirez, 133

S.W.3d 664, 664-65 (Tex. App.—Corpus Christi 2003, orig. proceeding). “Until a

petition is filed, there is no dispute before the court.” Id. at 665.

      We have no jurisdiction to consider the motion because Thomas has not

filed a petition for writ of mandamus. Accordingly, we dismiss relators’ motion

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for want of jurisdiction, without prejudice to reassert the motion after commencing

a proceeding pursuant to Texas Rule of Appellate Procedure 52.

      DISMISSED.



                                                         PER CURIAM


Submitted on April 24, 2015
Opinion Delivered April 27, 2015

Before McKeithen, C.J., Kreger and Horton, JJ.




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