DENY and Opinion Filed January 24, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01063-CV
IN RE R.B., Relator
Original Proceeding from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-13-20408-Y
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Carlyle
Opinion by Justice Partida-Kipness
In this original proceeding, relator asks this Court for a writ of mandamus
compelling the trial court to vacate its temporary order changing the conservator
with the exclusive right to determine the child’s primary residence. We deny the
petition on the merits, and we deny the motion for temporary relief and emergency
stay as moot.
Relator first filed a petition in this case in which she failed to redact
information that identified her minor child. By order dated December 15, 2021, we
struck the petition and supporting appendix, and we granted relator leave to file a
redacted petition in compliance with rule 9.9 of the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 9.9. Relator’s refiled petition includes some
redactions, but still contains sensitive information that identifies her minor child. In
the interest of judicial economy, we exercise our discretion to consider the merits of
her petition before striking it again.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that she lacks an adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based
on our review of the record, we conclude relator has failed to show her entitlement
to the relief requested. See TEX. R. APP. P. 52.8(a). Accordingly, we deny the petition
for writ of mandamus on the merits, and we deny the motion for temporary relief
and emergency stay as moot.
We also strike the petition and supporting appendix for relator’s failure to
comply with Texas Rule of Appellate Procedure 9.9’s redaction requirements.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
211063F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
METHODIST HOSPITALS OF On Appeal from the County Court at
DALLAS D/B/A METHODIST Law No. 2, Dallas County, Texas
MANSFIELD MEDICAL CENTER, Trial Court Cause No. CC-19-07083-
Appellant B.
Opinion delivered by Justice
No. 05-21-00039-CV V. Goldstein. Justices Molberg and
Nowell participating.
CYNTHIA YATES,
INDIVIDUALLY AND AS
REPRESENTATIVE OF THE
ESTATE OF HUBERT YATES,
Appellee
In accordance with this Court’s opinion of this date, the trial court’s order
denying the motion to dismiss of Methodist Hospitals of Dallas d/b/a Methodist
Mansfield Medical Center is AFFIRMED.
It is ORDERED that appellee CYNTHIA YATES, INDIVIDUALLY AND
AS REPRESENTATIVE OF THE ESTATE OF HUBERT YATES recover her
costs of this appeal from appellant METHODIST HOSPITALS OF DALLAS
D/B/A METHODIST MANSFIELD MEDICAL CENTER.
Judgment entered January 24, 2022.
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