Opinion
No. 05-05-01432-CV
Opinion issued October 26, 2005.
Original Proceeding from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-3938.
Writ of Mandamus Denied.
Before Justices WRIGHT, O'NEILL, and LANG.
MEMORANDUM OPINION
Relators are the parents of a minor daughter who was sexually molested by a pre-teen boy. Relators sued on behalf of their daughter, and a guardian ad litem was appointed to represent the child's interests. Ultimately, the lawsuit settled, and relators and guardian ad litem could not agree on how to invest the proceeds. Relators filed a motion asking the trial court to remove the guardian ad litem and to appoint father as guardian of his daughter's estate. In the motion, relators also objected to the creation of a section 142 trust. The trial court denied the motion.
Relators filed this original proceeding, contending the trial judge erred by failing to remove the guardian ad litem because no legal "interest adverse" exists between them and their child. Additionally, they claim Texas Rule of Civil Procedure 173 is unconstitutional. Although relators discuss the evidence, or lack thereof, related to their motion, no reporter's record was filed of the hearing or hearings on the motion.
Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relators' petition for writ of mandamus and relators' motion to stay the underlying proceeding.