IN THE SUPREME COURT OF TEXAS No. 10-0044 IN RE KEN HARVEY, JAN HARVEY AND DAVID HARVEY On Petition for Writ of Mandamus ORDERED: 1. Relator's motion for emergency stay, filed January 21, 2010, is granted. The order dated December 18, 2009, in Cause No. 02-09-00335-CV, styled In re Chassidie L. Russell, in the Second Court of Appeals 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., February 4, 2010.

3. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this January 27, 2010. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk