TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00665-CV

Primarily Primates, Inc.; Stephen Rene Tello, Robert O. McNaughton, Timothy K. Morgan, Kenneth E. O'Berg, Lou Griffin O'Neill, and Ruby Christine Stevens, Appellants

v.

Attorney General of Texas Greg Abbott, On Behalf of the Public Interest in Charity, Appellee

FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY

NO. 85636, HONORABLE GUY S. HERMAN, JUDGE PRESIDING

Came on to be considered appellants' Motion to Use Record Submitted with Emergency Motion for Temporary Relief as Record For Appeal with Right of Parties to Supplement, Appellee's Motion to Vacate or Modify Order on Appellants' Emergency Motion for Temporary Relief, Appellee's Motion for Expedited Review of His Motion to Vacate or Modify Order, and Appellants' Motion for Clarification of Emergency Stay Order.

Appellants' Motion to Use Record Submitted with Emergency Motion for Temporary Relief as Record For Appeal with Right of Parties to Supplement is granted. The parties may proceed in this expedited appeal on the sworn record submitted with the Appellants' Emergency Motion for Temporary Relief filed on November 2, 2006. Both parties may supplement the record as they deem appropriate on a sworn basis. Any supplements are due to be filed with this Court on or before December 1, 2006. Since appellants have requested an expedited briefing schedule, appellants' brief shall be due on or before December 8, 2006. Should appellants require more time, they may file a motion to that effect with this Court. Subsequent briefs will be due according to the rules of appellate procedure.

Appellee's Motion for Expedited Review of His Motion to Vacate or Modify Order is granted. Appellee's Motion to Vacate or Modify Order on Appellants' Emergency Motion for Temporary Relief is granted in part and denied in part. This Court's order of November 3, 2006 is modified to permit a party or the receiver to request that the probate court allow permanent relocation of an animal or animals subject to receivership on a case-by-case basis. Any such request must be in writing, filed with the probate court, and supported by evidence either filed with the motion or submitted before the probate court sufficient to warrant permanent relocation. Otherwise, the motion is denied.

Appellants' Motion for Clarification of Emergency Stay Order is denied.

Ordered November 22, 2006.

G. Alan Waldrop, Justice

Before Chief Justice Law, Justices Puryear and Waldrop

Filed November 22, 2006