Opinion
No. 05-17-00558-CV
06-08-2017
IN RE SIDNEY JOHNSON BIGHAM, Relator
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-30003-2014
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck
Before the Court is relator's May 26, 2017 petition for writ of mandamus in which he complains of various actions of the Texas Department of Family and Protective Services (TDFPS), the assigned TDFPS case worker, and the trial court judge. Specifically, Relator complains that TDFPS breached a mediated settlement agreement with relator, is biased against him, and has treated him unfairly, that the assigned case worker is unprofessional and biased against relator because of relator's religion, and that the trial court has refused to enforce the mediated settlement agreement. Relator filed a substantially similar petition for writ of mandamus last year, which the Court denied in part and dismissed in part. In re Bigham, No. 05-16-01229-CV, 2016 WL 6161936, at *1 (Tex. App.—Dallas Oct. 24, 2016, orig. proceeding) (mem. op.).
As in the prior original proceeding, relator again asks the Court to order the trial court to transfer the case to Dallas County so that a new case worker can be assigned to his case, to order the trial court to sever the case related to his daughter from the cases related to his daughter's half-siblings of whom relator is not the father, and to order the TDPFS to bring the child back to Dallas County and to appoint a new case worker. Alternatively, relator asks the Court to order respondent "to allow the relator to progress forward with" the mediated settlement agreement.
The petition does not include a supporting record or appendix as required by rules 52.3(k) and 52.7. TEX. R. APP. P. 52.3(k), 52.7. As the party seeking relief, the relator has the burden of providing the Court with a sufficient record to establish his right to mandamus relief. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig. proceeding) (Alcala, J. concurring); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator is not entitled to a writ ordering the trial court to sever and transfer the case to Dallas County because he has failed to provide a record showing that relator sought the requested relief in the trial court, brought the motions to the trial court's attention, asked for a hearing or ruling, and the trial court denied the relief requested or refused to rule. See In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (noting trial courts are entitled to a reasonable time in which to rule and determining sixth month delay not unreasonable); see also In re Harris, No. 14-07-231-CV, 2007 WL 1412105, at *1 (Tex. App.—Houston [14th Dist.] May 15, 2007, orig. proceeding) (mem. op.) (holding relator not entitled to mandamus relief when record did not show relator alerted trial court of motion by setting for submission or hearing).
As for the request that this Court order the TDFPS to return the child to Dallas and appoint a new case worker as compelling TDFPS to act is not necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004).
Accordingly, we deny the petition to the extent relator asks the Court to order the trial court to sever and transfer the underlying case to Dallas County. We dismiss the petition for want of jurisdiction to the extent relator asks the Court to order the TDPFS to take certain actions.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 170558F.P05