in Re: David R. Barnes ( 2019 )

Denied; Opinion Filed September 23, 2019
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00302-CV
IN RE DAVID R. BARNES, Relator
Original Proceeding from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-11126
MEMORANDUM OPINION
Before Justices Bridges, Schenck, and Carlyle
Opinion by Justice Carlyle
Before the Court are relator’s March 11, 2019 petition for writ of mandamus and March
19, 2019 supplement to his petition. Relator requests we vacate or set aside the trial court’s
December 21, 2018 temporary orders reducing relator’s possession of his children. Alternatively,
relator states that if we decline to consider his petition, he seeks an order compelling the trial court
to provide him access to a transcript of the court’s in camera interview of the children, as well as,
copies of the Family Court Service’s interviews with the children, and emails provided to the
associate judge by the children’s counselor.
To be entitled to mandamus relief, relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition,
supplement, and the mandamus record, we conclude relator has not shown he is entitled to the
relief requested. We note that our resolution of this petition for writ of mandamus and relator’s
complaints do not require the transcript of the in camera interview or other documents relator
requests, nor is there a suggestion that these items are necessary for relator’s complaints or
argument.
Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)
(the court must deny the petition if the court determines relator is not entitled to the relief sought).
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
190302F.P05
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