Opinion
05-22-00162-CV
03-21-2022
IN RE DAVID BARNES, Relator
Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-11126
Before Justices Osborne, Partida-Kipness, and Smith
ORDER
ROBBIE PARTIDA-KIPNESS, JUSTICE
Before the Court is relator's March 1, 2022 petition for writ of mandamus in which he challenges the trial court's "Order on Substitution of Faith and Liberty's Place," "Order for Supervised Visitation," and "Temporary Order for Father Supervised Possession and Access at Faith and Liberty's Place." Relator's petition fails to mention that this Court already denied his mandamus petition challenging the trial court's November 17, 2021 oral ruling. See In re Barnes, No. 05-21-01042-CV, 2021 WL 5817333, at *1 (Tex. App.-Dallas Dec. 7, 2021, orig. proceeding) (finding no abuse of discretion). It appears that the November 17, 2021 oral ruling, which was memorialized in the challenged written orders, set virtually the same possession schedule that relator complains about here. In addition to failing to mention this Court's December 7, 2021 opinion, relator also has not explained why a different outcome would be warranted here.
Accordingly, pursuant to Texas Rule of Appellate Procedure 52.11, we ORDER relator to file, by March 24, 2022, a response showing cause why this Court should not impose sanctions on him for filing a petition that is: (1) clearly groundless; and (2) grossly misstates or omits an obviously important and material fact in the petition.