Opinion
05-24-01003-CV
12-17-2024
IN RE T.M.D. AND B.D., Relators
Original Proceeding from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-20-00439
Before Justices Pedersen, III, Smith, and Garcia
MEMORANDUM OPINION
CRAIG SMITH, JUSTICE
In this original proceeding, relators challenge the trial court's issuance of an order of possession enforcing the final judgment in the underlying suit affecting the parent-child relationship. On August 22, 2024, we issued an order staying the order of possession and requesting a response. The next day, real party in interest Texas Department of Family and Protective Services moved to dismiss, arguing that relators lack standing to challenge the order of possession in this original proceeding. The parties have submitted their respective briefs on both the mandamus petition and the motion to dismiss. Based on our review of the petition, the motion to dismiss, the record, and the parties' respective briefing, we conclude that relators lack standing and, therefore, this Court lacks jurisdiction over this original proceeding.
Relators previously challenged the underlying final judgment, a final SAPCR order, by mandamus. See In re B.D., No. 05-22-004-22-CV, 2022 WL 2437594, at *1 (Tex. App.-Dallas Jul. 5, 2022, orig. proceeding) (mem. op.). In that proceeding, this Court dismissed the mandamus petition, holding that relators lacked standing to challenge the final judgment because they failed to intervene before the final judgment was signed. See id. Relators also previously challenged the final judgment by appeal. See In re N.A.G.A., No. 05-22-00421-CV, 2022 WL 2965420, at *1 (Tex. App.-Dallas July 27, 2022, no pet.) (mem. op). This Court dismissed that appeal too, concluding that the determination in the mandamus proceeding that relators lack standing to challenge the final judgment is the law of the case. See id. For the same reason, we conclude that relators lack standing to challenge the order of possession. See In re N.A.G.A., 2022 WL 2965420, at *1; In re B.D., 2022 WL 2437594, at *1.
Accordingly, we grant real party's motion to dismiss and dismiss relators' mandamus petition for want of jurisdiction. Having dismissed the petition, we also lift the stay issued by this Court's August 22, 2024 Order and deny as moot relators' motion for an expedited ruling and real party's motion for reconsideration of emergency relief. Finally, we strike the petition and appendix, the response brief, the reply brief, the separately filed appendices to real party's motion for reconsideration of emergency relief and motion to dismiss emergency petition for writ of mandamus, and the response to the motion for reconsideration and motion to dismiss. They each contain unredacted sensitive data, including a minor's full name, in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9.