In Re Chad LaStewart Marchbanks, Relator v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 28, 2024
• Docket: 07-24-00180-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00180-CV

IN RE CHAD LASTEWART MARCHBANKS, RELATOR

ORIGINAL PROCEEDING

May 28, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Relator, Chad LaStewart Marchbanks, proceeding pro se, seeks a writ of

mandamus to compel the Honorable Ana Estevez to vacate temporary orders in a suit to

modify a custody order. Relator contends the trial court abused its discretion by entering

temporary orders without Relator receiving notice of a hearing and without evidence

establishing that the orders are for “the safety and welfare” of the children, as required by

statute.1 For the reasons set forth below, we deny mandamus relief.

1 See TEX. FAM. CODE ANN. § 105.001(a). “Mandamus is an extraordinary remedy granted only when the relator shows that

the trial court abused its discretion and that no adequate appellate remedy exists.” In re

H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per

curiam). Rule 52.3 of the Texas Rules of Appellate Procedure delineates the required

form and contents for a petition for a writ of mandamus. See TEX. R. APP. P. 52.3. For

example, the petition must include a certified or sworn copy of the complained-of order or

any other document showing the matter complained of. TEX. R. APP. P. 52.3(k)(1)(A).

The petition for writ of mandamus filed by Relator herein fails to meet the requirements

of the Rule. See id.

Moreover, we note that Relator waited more than five months to request

mandamus relief from the trial court’s order. Mandamus relief may be denied to a party

for lack of diligence. Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367–68 (Tex. 1993);

Int’l Awards, Inc. v. Medina, 900 S.W.2d 934, 935–36 (Tex. App.—Amarillo 1995, orig.

proceeding) (unexplained four-month delay in filing mandamus provides ground for

denying relief). Consequently, we must deny the petition.

Judy C. Parker Justice