In Re: M.C. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 23, 2024
• Docket: 05-24-00272-CV
• Status: Published

Opinion

Dismissed and Opinion Filed July 23, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00272-CV

IN RE M.C., Relator

Original Proceeding from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-17924

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness In his petition for writ of mandamus, relator challenges temporary orders

issued in the underlying suit to modify the parent–child relationship. Those

temporary orders (1) named Mother as the person with the exclusive right to

designate the child’s primary residence and (2) set a geographic restriction on the

child’s residence.

It came to our attention the trial court has set a Dallas County Local Rule 8.02

“Dismissal/Entry of Final Order” hearing. Because this suggested the parties have

announced settlement in the underlying matter, we questioned our jurisdiction over

this mandamus proceeding. We directed relator to file a letter brief addressing our concern and providing an update as to the status of the underlying case. We

cautioned him that failure to comply by July 12, 2024, could result in dismissal of

the original proceeding without further notice. To date, he has not filed the requested

letter brief.

Accordingly, we dismiss the petition for writ of mandamus. Additionally,

based on our review, relator’s mandamus record contains unredacted sensitive

data—such as the minor’s full birthdate—in violation of the Texas Rules of

Appellate Procedure. See TEX. R. APP. P. 9.9. Accordingly, we strike the mandamus

record.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 240272F.P05

–2–