Ex Parte Elmore
Ex Parte Elmore
Opinion
Michael Clinton Elmore and Mavis Lyles Hays were divorced in 1986. Elmore and Hays were granted joint custody of their two children, with Hays having physical custody of the children subject to Elmore's right of reasonable visitation. Both Hays and Elmore petitioned the trial court for a change in the custody arrangement. The trial court changed the visitation provision, allowing each parent alternating two-week periods with the children. However, both parents retained joint custody of the children.
The Court of Civil Appeals reversed the modified visitation order.
This Court granted certiorari review and subsequently quashed the writ as improvidently granted. See Hays v. Elmore,
Elmore asks this Court to set aside the trial court's new order. We must grant the writ of mandamus, because the trial court was without jurisdiction to enter that order while the case was pending in this Court. Nevertheless, this Court has now quashed the writ of certiorari, and the trial court may now enter an order complying with the Court of Civil Appeals' judgment.
WRIT GRANTED.
HORNSBY, C.J., and MADDOX, ALMON, ADAMS, HOUSTON and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Ex Parte Michael Clinton Elmore. (Re Mavis Lyles Elmore v. Michael Clinton Elmore).
- Cited By
- 5 cases
- Status
- Published