Neil George Switkowski v. Courtney Sinclair Archbold

ACCEPTED
15-25-00155-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/23/2025 4:40 PM
IN THE FIFTEENTH COURT OF APPEALS CHRISTOPHER A. PRINE
CLERK
AUSTIN, TEXAS FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
Cause No. 15-25-00155-CV 10/23/2025 4:40:00 PM
(On Transfer from the Third Court of Appeals) CHRISTOPHER A. PRINE
Cause No. 03-25-00416-CV Clerk

NEIL GEORGE SWITKOWSKI, Appellant
v.
THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS,
Appellee

APPELLANT’S EMERGENCY MOTION TO STAY
TRIAL COURT PROCEEDINGS PENDING
APPELLATE REVIEW
Filed Pursuant to 29.3. Temporary Orders of Appellate Court
When an appeal from an interlocutory order is perfected, the appellate court
may make any temporary orders necessary to preserve the parties’ rights until
disposition of the appeal and may require appropriate security. But the appellate
court must not suspend the trial court’s order if the appellant’s rights would be
adequately protected by supersedeas or another order made under Rule 24.
Underlying Cause: CV40037 (20th Judicial District Court, Milam County, Texas)

1. Introduction and Nature of Emergency
Appellant Neil George Switkowski respectfully moves this Court to stay all
proceedings in the 20th Judicial District Court of Milam County, including the
hearing set for Monday, October 27, 2025, pending resolution of the
constitutional and jurisdictional questions now before the Fifteenth Court of
Appeals in Switkowski v. Office of the Attorney General of Texas.

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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
This emergency stay is necessary to preserve this Court’s jurisdiction and
prevent irreparable harm. The trial court’s proceeding involves enforcement actions
under Title IV-D, the very statutory framework whose constitutionality and
standing are under appellate review. Allowing that hearing to proceed would render
the appeal moot, unreviewable, and constitutionally meaningless.

2. Jurisdiction and Procedural Posture
1. Appellant filed his Notice of Appeal on June 13, 2025, challenging the trial
court’s dismissal under Tex. Fam. Code § 231.016.
2. The Third Court of Appeals docketed the case under No. 03-25-00416-CV
and subsequently transferred it to this Honorable Court by order dated
October 15, 2025.
3. The issues now pending before this Court include:
o Whether the Office of the Attorney General (OAG) possessed
standing under Title IV-D;
o Whether the trial court’s dismissal violated constitutional due-process
guarantees; and
o Whether the OAG’s enforcement constitutes ultra vires conduct.
4. Despite these pending questions, the trial court has scheduled a new
hearing on October 27, 2025, seeking to enforce the same order and
statutes presently under constitutional challenge.

3. Legal Basis for Stay
Under Tex. R. App. P. 29.3, an appellate court “may make any temporary
orders necessary to preserve the parties’ rights until disposition of the appeal.”
Likewise, Rule 52.10(b) authorizes interim relief in original proceedings “to
preserve jurisdiction or prevent irreparable harm.”
Here, proceeding with the hearing would destroy the subject matter of this
appeal by enforcing a judgment whose jurisdictional validity is precisely what this
Honorable Court is being asked to decide. Any enforcement or contempt order
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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
issued before this Court’s review would nullify appellate jurisdiction and deny
Appellant his constitutional right to be heard.
Moreover, incarceration for civil contempt would prevent Appellant, a
pro se litigant, from properly responding to further court inquiries or
deadlines, effectively silencing him during the pendency of his own appeal. This
constitutes an irreparable deprivation of access to the courts and a violation of
due process under U.S. Const. amends. I & XIV and Tex. Const. art. I, §§ 13
and 19.
A stay is therefore not merely discretionary; it is constitutionally required
to preserve both the appellate court’s jurisdiction and the Appellant’s right to
meaningful participation in his defense.

4. Certificate of Conference
Certificate of Conference OAG
Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), Appellant certifies
that no conference with the Office of the Attorney General has occurred. The
Office of the Attorney General’s jurisdiction and standing to appear as a party of
record remain under formal constitutional challenge.
Appellant asserts that any conference prior to judicial determination of
standing would be premature, prejudicial, and legally improper, as it would
imply recognition of authority that is currently contested before this Court.
Accordingly, no conference has been held, and Appellant respectfully submits that
this motion is properly filed without such communication.

Certificate of Conference ARCHBOLD
Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), Appellant certifies
that no conference with Appellee Courtney Sinclair Archbold has occurred.
Appellee remains in ongoing violation of Texas Penal Code § 25.03 (Interference
with Child Custody), constituting multiple state jail felony offenses. These acts
have deprived Appellant of all access to his minor children for over four years, in
open defiance of the Standard Possession Order.

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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
Given Appellee’s continuing criminal conduct, no meaningful or good-
faith conference can occur until such violations cease and judicial intervention
restores lawful communication between the parties.

Discretion of the Court
This request lies solely within the discretion of this Honorable Court. Under the
Texas Rules of Appellate Procedure, only the Court may grant leave to file,
accept, or consider a motion outside standard deadline. Appellee has no
authority to consent to or deny such relief, nor can any opposing party exercise
judicial discretion reserved exclusively for the Court. Accordingly, Appellant
respectfully submits this motion to the Court’s sole jurisdiction for consideration
on its merits.

5. Grounds for Emergency Relief
1. Preservation of Jurisdiction:
The constitutional issues presented, including OAG standing and Title IV-
D’s historical validity, must be resolved before any enforcement can
proceed.
2. Irreparable Harm:
Appellant faces renewed incarceration and financial penalties for an order
issued under a statute now under constitutional review. Once imposed, those
harms cannot be undone by appellate reversal.
3. Public Interest:
The integrity of appellate review, constitutional due process, and the uniform
administration of justice across Texas require that the trial court refrain from
action until this Court rules.

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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
6. Requested Relief
Appellant respectfully requests that this Honorable Court:
1. Issue an immediate stay of all proceedings and hearings in the 20th Judicial
District Court, Cause No. CV40037, including the hearing set for October
27, 2025;
2. Order the trial court to take no further action pending disposition of this
appeal or certification of constitutional questions; and
3. Grant such other and further relief as this Court deems just and proper to
preserve its jurisdiction and prevent irreparable harm.
This motion does not seek rescheduling or relief requiring mutual consent; it
is fully within the discretion of this Honorable Court and therefore exempt from
ordinary conferencing requirements.

Respectfully submitted,

10/23/2025

Neil George Switkowski
Appellant, Pro Se
2203 Post Oak Rd
Rockdale TX 76567
512-850-0531
Ns512atx@gmail.com

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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
Certificate of Service
I certify that on October 23, 2025, a true and correct copy of this Motion was
served by electronic service through the Court’s e-filing system.

Neil George Switkowski

Mr. Deterrean Gamble
Assistant Attorney General
Child Support Division
P. O. Box 12017, Capitol Station
Austin, TX 78711-2017
* DELIVERED VIA E-MAIL *

Ms. Courtney Sinclair Archbold
227 E Bell Ave.
Rockdale, TX 76567
* DELIVERED VIA E-MAIL *

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APPELLANT’S EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS
PENDING APPELLATE REVIEW 15-25-00155-CV
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 107231870
Filing Code Description: Motion
Filing Description: APPELLANT???S EMERGENCY MOTION TO STAY
TRIAL COURT PROCEEDINGS PENDING APPELLATE REVIEW
Status as of 10/23/2025 4:46 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

NEIL G.SWITKOWSKI ns512atx@gmail.com 10/23/2025 4:40:00 PM SENT

COURTNEY ARCHBOLD Courtneyarchbold@gmail.com 10/23/2025 4:40:00 PM SENT

Deterrean Gamble deterrean.gamble@oag.texas.gov 10/23/2025 4:40:00 PM SENT