IN THE SUPREME COURT OF TEXAS

No. 09-1072

IN RE RICHARD SCHELLER

On Petition for Writ of Mandamus

ORDERED:

1. Relator's motion to stay, filed December 28, 2009, is granted. The trial court order dated November 12, 2009, in Cause No. D-1-FM-09- 004325, styled In the Interest of Allison Elizabeth Scheller and Emma Marie Scheller, Children, in the 261st District Court of Travis County, Texas, is stayed pending further order of this Court. 2. The real party in interest is requested to respond to relator's petition for writ of mandamus on or before 3:00 p.m., January 14, 2010. 3. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this January 4, 2010. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk