In Re Julia Ann Poff v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 09-24-00280-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00280-CV __________________

IN RE JULIA ANN POFF

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Original Proceeding 75th District Court of Liberty County, Texas (Assigned to County Court at Law No. 2) Trial Cause No. 23DC-CV-00103 __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Relator Julia Ann Poff complains that in

her suit for divorce the trial court abused its discretion by failing to grant her motion

to order a child custody evaluation without allowing her to present recent evidence

of an incident of domestic violence. See Tex. Fam. Code Ann. § 107.103(a).

Additionally, Poff argues that the trial court abused its discretion by failing to hear

evidence regarding Poff’s request for a temporary order enjoining a person her

husband is in a relationship with from having contact with the Poffs’ child.

1 Mandamus relief is an extraordinary remedy that issues only to correct a clear

abuse of discretion for which the relator has no adequate remedy by appeal. See In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.

proceeding). “An abuse of discretion occurs when a trial court’s ruling is arbitrary

and unreasonable, made without regard for guiding legal principles or supporting

evidence.” In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig.

proceeding) (citation omitted). A trial court also abuses its discretion if it fails to

correctly analyze or apply the law, because a trial court has no discretion in

determining what the law is or applying it to the facts. See In re Prudential, 148

S.W.3d at 135 (citation omitted).

Poff complains that the trial court abused its discretion by failing to grant her

request for a child custody evaluation. She is relying on a statute that allows a court

to order a child custody evaluation but does not require one. See Tex. Fam. Code

Ann. § 107.103(a). She also complains that the trial court ignored two witnesses in

a temporary orders hearing held by the trial court on April 15, 2024. The relator has

the burden of providing the appellate court with a sufficient record to establish her

right to mandamus relief. Walker, 827 S.W.2d at 837. Since the trial court held an

evidentiary hearing, to establish her right to mandamus relief Poff must file a

reporter’s record of the hearing. See id.; see also Tex. R. App. P. 52.7(a)(2).

2 Generally, we may consider only documents that were before the court when it ruled.

See In re Energy Transfer LP, No. 05-23-00686-CV, 2023 WL 4731299, at *1 (Tex.

App.—Dallas July 25, 2023, orig. proceeding [mand. denied]) (mem. op.).

We cannot speculate on the reasons that the trial court might not have granted

the relief Poff says she requested. On the record before us, we conclude the relator

has not shown that the trial court abused its discretion. Accordingly, we deny the

petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on August 28, 2024 Opinion Delivered August 29, 2024

Before Golemon, C.J., Wright and Chambers, JJ.