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In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2022
No. 05-22-00162-CV (Tex. App. Mar. 21, 2022)

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.


Summaries of

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2022
No. 05-22-00162-CV (Tex. App. Mar. 21, 2022)
Case details for

In re Barnes

Case Details

Full title:IN RE DAVID BARNES, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 21, 2022

Citations

No. 05-22-00162-CV (Tex. App. Mar. 21, 2022)