In Re Jonathon Patrick Simons v. the State of Texas

NUMBER 13-25-00401-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE JONATHON PATRICK SIMONS

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Fonseca
Memorandum Opinion by Justice Fonseca1

Relator Jonathon Patrick Simons filed a petition for writ of mandamus seeking to

compel the trial court to vacate a contempt order on grounds that it is void in whole or in

part. Relator also filed an emergency motion seeking to stay enforcement of the contempt

order. By order previously issued in this case, the Court granted relator’s emergency

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
motion, stayed the contempt order, and requested the real party in interest, Heather

Nicole Simons, to file a response to the petition for writ of mandamus. The real party in

interest has now filed her response to the petition for writ of mandamus. According to the

response, the real party in interest “does not oppose” and “does not challenge” relator’s

request to vacate the contempt order.

The Court, having examined and fully considered the petition for writ of mandamus

and the response thereto, is of the opinion that the petition for writ of mandamus should

be granted. Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP.

P. 52.10. We conditionally grant the petition for writ of mandamus, and we direct the trial

court to vacate its contempt order of July 15, 2025. Our writ will issue only if the trial court

fails to promptly comply.

YSMAEL D. FONSECA
Justice

Delivered and filed on the
12th day of September, 2025.

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