Deny and Opinion Filed June 3, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00312-CV
IN RE DAVID BARNES, Relator
Original Proceeding from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-11126
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Myers
In this original proceeding, relator seeks a writ of mandamus compelling the
trial court to provide him with the records of the December 16, 2020 and March 26,
2021 interviews with the subject children. Entitlement to mandamus relief requires
relator to show that the trial court clearly abused its discretion and that he lacks an
adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021)
(orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex.
2004) (orig. proceeding)).
Although mandamus is not an equitable remedy, its issuance is largely
controlled by equitable principles. Rivercenter Assocs. v. Rivera, 858 S.W.2d 366,
367 (Tex. 1993) (orig. proceeding). One such principle is that “equity aids the
diligent and not those who slumber on their rights.” Id. (internal brackets and
quotation marks omitted). Thus, delaying the filing of a petition for mandamus relief
may waive the right to mandamus unless the relator can justify the delay. In re Int’l
Profit Assocs., Inc., 274 S.W.3d 672, 676 (Tex. 2009) (orig. proceeding). “A delay
of only a few months can constitute laches and result in denial of mandamus relief.”
In re Dryden Co., No. 05-20-00028-CV, 2020 WL 205314, at *1 (Tex. App.—Dallas
Jan. 14, 2020, orig. proceeding) (mem. op.).
Here, the trial court denied relator’s motions for the interview records on June
23, 2021. He waited more than nine months from that ruling to file this petition, and
he offers no adequate explanation for his delay. Accordingly, because we conclude
that relator’s unreasonable delay bars his right to mandamus relief, we deny the
petition for writ of mandamus.
Also before the court is relator’s motion to seal court records. We grant the
motion and direct the Clerk of the Court to place relator’s April 7, 2022 petition for
writ of mandamus and the accompanying mandamus record under seal.
220312f.p05 /Lana Myers/
LANA MYERS
JUSTICE
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