DENY and Opinion Filed July 5, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00422-CV
IN RE B.D. AND T.M.D., Relators
Original Proceeding from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-20-00439-W
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Goldstein
In their May 2, 2022 petition for writ of mandamus, relator foster parents
challenge the trial court’s final order in the underlying suit affecting the parent-child
relationship. They also complain about the trial court’s denial of their request for an
ex parte temporary restraining order preventing the court-appointed conservators
from gaining possession of or access to the subject child.
Based on our review of the petition and record, we conclude that this Court
lacks jurisdiction over this original proceeding. To start, relator foster parents lack
standing to challenge the final judgment because they failed to intervene before the
final judgment was signed. See First Alief Bank v. White, 682 S.W.2d 251, 252 (Tex.
1984) (noting that plea in intervention comes too late if filed after judgment); In re
H.G., 267 S.W.3d 120, 122, n. 1 (Tex. App.—San Antonio 2008, orig. proceeding)
(noting that there was no pending suit in which appellants could intervene once final
divorce decree was entered). Further, because the trial court’s plenary jurisdiction
has now expired, this Court has no power to compel the trial court to vacate the final
judgment. See Elec. Reliability Council of Tex., Inc. v. Panda Power Generation
Infrastructure Fund, LLC, 619 S.W.3d 628, 639 (Tex. 2021) (noting that original
proceeding is moot because supreme court is unable to provide relief relators seek
and any order it issues would be without practical effect).
Accordingly, we dismiss the petition for writ of mandamus. We also lift the
stay issued by our May 3, 2022 order.
/Bonnie Lee Goldstein/
/Bonnie Lee Goldstein/
JUSTICE
220422F.P05
–2–