Opinion
NUMBER 13-21-00031-CV
01-26-2021
IN RE T. A.-K.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Hinojosa and Silva
Memorandum Opinion by Justice Silva
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," but "[w]hen granting relief, the court must hand down an opinion as in any other case"); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator T. A.-K. filed a petition for writ of mandamus in this cause through which she alleges that the trial court abused its discretion by failing "to order the return of R.S. to [r]elator when the evidence did not support findings required by [§] 262.201(g) of the Texas Family Code. See TEX. FAM. CODE ANN. § 262.201(g) (requiring the trial court to return a child to its parent after a full adversary hearing unless the court finds sufficient evidence of specified circumstances including, inter alia, a danger to the child).
Mandamus is both an extraordinary remedy and a discretionary one. In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam). For mandamus to issue, the relator must show that the trial court abused its discretion and that no adequate appellate remedy exists to cure the error. In re N. Cypress Med. Ctr. Operating Co., 559 S.W.3d 128, 130 (Tex. 2018) (orig. proceeding); In re Christus Santa Rosa Health Sys., 492 S.W.3d 276, 279 (Tex. 2016) (orig. proceeding). The relator bears the burden of proving both requirements. In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). As it pertains to this case, mandamus relief may be available to review a trial court's ruling under § 262.201. See In re M.N.M., 524 S.W.3d 396, 399 (Tex. App.—Houston [14th Dist.] 2017, orig. proceeding); In re Hughes, 446 S.W.3d 859, 860 (Tex. App.—Texarkana 2014, orig. proceeding).
The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that the relator has failed to meet her burden to obtain relief. Accordingly, we DENY the petition for writ of mandamus.
CLARISSA SILVA
Justice Delivered and filed on the 26th day of January, 2021.