NO. 07-04-0435-CV

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

By our opinion of January 27, 2004, in Cause No. 07-03-0261-CV, we reversed the judgment of the trial court and rendered judgment in favor of Ashley Gutierrez and Joseph Alarcon Gonzalez. On August 13, 2004, the Texas Supreme Court denied a motion for rehearing of the petition for review, and on August 23, 2004, the Clerk of this Court issued mandate to the 181^st District Court of Randall County. ⁽¹⁾

Now, pending before this Court is a petition for writ of mandamus and petition for writ of prohibition filed on August 26, 2004, by relator Ashley Gutierrez, by and through her next friend Michelle Cordova, a party in trial court cause numbers 51,715-B and 54,925-B, styled In the Interest of Savannah Sierra Gutierrez, A Child, wherein Jeffrey Donald Gurney and Alicia Munoz Gurney are respondents. By her emergency motion for temporary relief, relator Ashley Gutierrez, the natural mother of Savannah Sierra Gutierrez, requests that this Court order the hearing set for Friday, August 27, 2004, at 1:30 p.m. before the Honorable James Anderson, Judge of the County Court at Law in and for Randall County, Texas, be stayed.

The motion for emergency relief is denied; however, counsel for Jeffrey Donald Gurney and Alicia Munoz Gurney are directed to file responses to the petition for writ of mandamus and petition for writ of prohibition no later than Thursday, September 2, 2004. This order is subject to further orders of the Court.

It is so ordered.

Per Curiam

1. See Harris County Children's v. Olvera, 971 S.W.2d 172 (Tex.App.-Houston 14^th Dist. 1998) holding when an appellate court renders a judgment in a case, the district court has no jurisdiction to review, interpret or enforce it. It must observe and carry out the mandate of the appellate court.

with the order. O'Connor v. Sam Houston Med. Center, Inc., 807 S.W.2d 574, 575 -77 (Tex. 1991) (withholding opinion on whether an appellate court can ever dismiss simply due to the appellant's failure to comply with a trial court order and noting that Steed and like cases involved child custody matters wherein the appellate court had ordered compliance as well). Here, we have not issued an order directing appellant to comply, by a specified date, with any trial court directive. Thus, we cannot dismiss the appeal due to appellant's failure to comply.

Accordingly, the motion to dismiss is overruled.

Per Curiam

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2004).