NO. 01-14-01021-CV 

IN THE 

1 '

1 COURT OF APPEALS 

IN RE OUTI SALMINEN, Relator 

RELATOR'S MOTION FOR TEMPORARY RELIEF- EMERGENCY STAY 

TO THIS HONORABLE COURT: 

Comes Now Relator, Outi Salminen, and asks the Court for an emergency 

stay of Respondent's November 17, 2014, Order transferring custody of a child to 

a parent with whom the child has never resided. In support of its Motion, Relator 

would show the Couti as follows: 

A. Introduction 

1. Relator is Outi Salminen, mother of the child; real party in interest is Milo 

Vassallo, father of the child; respondent is Hon. James Lombardino, trial comi 

judge of the 3081

" Judicial District Comi. 

2. Relator filed her Petition for Writ of Mandamus on December 29, 2014. 

3. Relator attaches a certificate of compliance certifYing that on January 15, 

ACCEPTED

01-14-01021-cv

FIRST COURT OF APPEAL

HOUSTON, TEXAS

1/15/2015 10:49:37 AM

CHRISTOPHER PRIN

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/15/2015 10:49:37 AM CHRISTOPHER A. PRINE Clerk
2015, she notified the real party in interest by facsimile, and notified the 

respondent by hand delivery that a motion for temporary relief would be filed. Tex. 

R. App. P. 52.10(a). 

4. Relator is entitled to emergency relief because the underlying Order of the 

trial court would remove a twelve year old female child fi·om her mother, Outi 

Salminen, with whom she has continuously lived, and transfer the child to reside 

with her father, a man whom she has only seen no more than twenty-six (26) times 

in twelve (12) years. Given the potential traumatic effect of such action, Relator 

requests that the trial court's order be stayed until this Court determines if the order 

IS proper. 

5. Specifically, the trial comt in the underlying proceeding at Cause No. 2014-

38918 in the 308111 Judicial District Comt of Harris County, Texas issued an order 

titled "Temporary Orders" on November 17, 2014, which provided in relevant part 

that: 

IT IS ORDERED that Milo Vassallo is entitled to 

immediate physical custody of the child, [redacted]. 

IT IS FURTHER ORDERED that Outi Salminen 

shall immediately surrender the child to the custody 

of Milo Vassallo. (child's name omitted) ... 

IT IS ORDERED that Outi Salminen's visitation 

with the child shall be under the supervision of an 

adult selected by Milo Vassallo on dates and times 

agreed to in advance by Milo Vassallo. 

Salminen- Relator's Motion for Temporary Relief- Emergency Stay Page2 
6. Prior to this Order, the real-party-in-interest, Milo Vassallo, had visited with 

the child no more than twenty-six (26) times over twelve (12) years. To suddenly, 

and without any transition period, force the minor female child into the primary 

custody of Milo Vassallo would be emotionally traumatic to the child. 

7. Additionally, Respondent Lombardino has effectively denied Relator, Outi 

Salminen's any possession and visitation with the child by granting Milo Vassallo 

the right to determine if and when Relator will have visitation with the child. 

Respondent order that Relator may only have visitation solely at Milo Vassallo's 

discretion. 

This extraordinary shift in the custody of the child is not in the best interests 

of the child, who has been in the sole custody of Relator since her bitih and has 

never gone extended periods of time without contact with Relator. 

B. Arguments and Authorities 

8. The Comi may grant temporary relief pending its determination of an 

original proceeding. Tex. R. App. P. 52.1 O(b ). 

9. This emergency stay is necessary to maintain the status quo of the patties 

and to preserve the Comi's jurisdiction to consider the merits of the original 

proceeding. In re Reed, 901 S.W.2d 604, 609 (Tex.App.-San Antonio 1995, orig. 

proceeding). 

Salminen -Relator's Motion for Tempormy Relief- Emergency Stay Page3 
10. No evidence was presented and Respondent made no finding that the child's 

present circumstances would significantly impair the child's physical health or 

emotional development. Therefore, no harm will result from staying the 

"Temporary Orders" of November 17, 2014, until this Court can consider the 

merits of the original proceeding. 

11. The original proceeding before this Court goes to the heart of the issue of 

whether the trial court has jurisdiction to issue any temporary orders in the 

underlying cause. Should this Comi grant the mandamus, the trial comi would be 

limited in its ability to proceed in the case. 

C. Conclusion 

12. The child has been in the sole custody of Relator for her entire life. There is 

no evidence that the child is in any danger or that the child's present circumstances 

would significantly impair her physical health or emotional development. 

13. Pursuant to Texas Rule of Appellate Procedure 52.10(a), Relator requests 

this Comi to stay the trial court's ruling on Temporary Orders, and any fmiher 

proceedings by the trial comi, until such time as this Comi can mle as to the 

substantive and procedural deficiencies of the trial court's "Temporary Orders." 

D. Prayer 

14. For the reasons stated in this motion, Relator asks the Court for an 

emergency stay to maintain the status quo of the parties and preserve the Comi's 

Salminen- Relator's Motion for Temporwy Relief Emergency Stay Page4 
jurisdiction to consider the merits of Relator's original proceeding. 

submitted 

Y, 

S te Bar No. 1' 554600 

Calli Baldwin 

State Bar No. 24073691 

Judith Sadler 

State Bar No. 17511850 

5300 Memorial Drive, Suite 900 

Houston, Texas 77007 

Tel: (713) 802-1777 

Fax: (713) 802-1779 

Counsel for Relator, Outi Salminen 

Certificate of Conference 

I certify that on January 14, 2015, I communicated with Laura Dale's office 

and Ronnie Harrison's office by facsimile and have attempted in good faith to 

reach an agreement to stay the tempormy orders in this matter. We have been 

unable to reach an agreement. 

Salminen- Relator's Motion for Temporary Relief Emergency Stay Page5 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of this Motion for Temporary 

Relief- Emergency Stay was served on this 15th day of January, 2015 to the 

following in the manner set forth below: 

Via Facsimile: 713-600-1718 

Ms. Laura Dale 

Laura Dale & Associates, P.C. 

1800 St. James Place, Suite 620 

Houston, Texas 77056 

Via Hand Deliverv 

Hon. James Lombardino 

3081

h Judicial District Court 

Harris County, Texas 

1115 Congress, 7th Floor 

Houston, Texas 77002 

Via Facsimile: 713-224-7950 

Ronnie G. Harrison 

The Harrison Law Office 

411 Fannin Street, Suite 350 

Houston, Texas 77002 

Salminen- Relator's Motion for Tempormy Relief- Emergency Stay Page6 
Certificate of Compliance 

Under Texas Rule of Appellate Procedure 52.10(a), I hereby certify that on 

the 15th day of January, 2015, I notified the following individuals in the manner 

indicate below that a motion for temporary relief would be filed. 

Via Facsimile: 713-600-1718 

Ms. Laura Dale 

Laura Dale & Associates, P.C. 

1800 St. James Place, Suite 620 

Houston, Texas 77056 

Via Hand Deliverv 

Hon. James Lombardino 

3081

h Judicial District Court 

201 Caroline 

Houston, Texas 77002 

Via Facsimile: 713-224-7950 

Ronnie G. Harrison 

The Harrison Law Office 

411 Fannin Street, Suite 350 

Houston, Texas 77002 

Salminen- Relator's Motion for Temporary Relief Emergency Stay Page 7