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In re Daniel

Court of Appeals of Texas, Fifth District, Dallas
Jan 6, 2022
No. 05-21-00805-CV (Tex. App. Jan. 6, 2022)

Opinion

05-21-00805-CV

01-06-2022

IN RE JAMES T. DANIEL AND KRISTI D. DANIEL, Relators


Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-52305-2021

Before Justices Schenck, Nowell, and Garcia

MEMORANDUM OPINION

DAVID J. SCHENCK, JUSTICE

Before the Court is relators' September 23, 2021 petition for writ of mandamus. In their petition, relators challenge the trial court's temporary order changing the conservator with the exclusive right to determine the children's primary residence.

Relators bear the burden of demonstrating their entitlement to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (per curiam) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). This burden includes providing this court with a record sufficient to make that showing. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1). Because relators have not submitted an adequate record, we are unable to conduct a meaningful review of their claims. See In re Athans, 458 S.W.3d 675, 679 (Tex. App.-Houston [14th Dist.] 2015, orig. proceeding) (omission of trial exhibits rendered mandamus record insufficient). Accordingly, we deny the petition without prejudice to refiling a petition with a sufficient record.


Summaries of

In re Daniel

Court of Appeals of Texas, Fifth District, Dallas
Jan 6, 2022
No. 05-21-00805-CV (Tex. App. Jan. 6, 2022)
Case details for

In re Daniel

Case Details

Full title:IN RE JAMES T. DANIEL AND KRISTI D. DANIEL, Relators

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

Date published: Jan 6, 2022

Citations

No. 05-21-00805-CV (Tex. App. Jan. 6, 2022)