in Re J.P.N. ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00633-CV
IN RE J.P.N.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Irene Rios, Justice
Delivered and Filed: March 14, 2018
PETITION FOR WRIT OF MANDAMUS DENIED
This original proceeding arises out of ongoing litigation regarding the custody provisions
in a divorce decree. On October 2, 2017, Relator filed a petition for writ of mandamus, a motion
for emergency relief, and an affidavit of indigence, challenging temporary orders entered by the
trial court requiring Relator to pay the costs of a child custody evaluation and psychological
evaluations of both Relator and his ex-wife. Relator filed the affidavit of indigence in an effort to
avoid having to pay the fee for the preparation of the reporter’s record of the temporary orders
hearing.
On October 17, 2017, the court reporter responsible for preparing the reporter’s record filed
a contest to Relator’s affidavit of indigence. On October 27, 2017, the trial court conducted a
1
This proceeding arises out of Cause No. 2009-CI-06183, styled In the Interest of J.T.N. and J.T.A.N., pending in the
407th Judicial District Court, Bexar County, Texas, the Honorable Karen H. Pozza presiding.
04-17-00633-CV
hearing on the contest and sustained the court reporter’s contest. Thereafter, on January 31, 2018,
we issued an opinion affirming the trial court’s order and ordering Relator to file written proof in
this court by February 15, 2018, showing that he had paid or made arrangements to pay the fee for
preparing the reporter’s record of the temporary orders hearing. We also denied Relator’s motion
for emergency relief.
Relator failed to provide written proof by the deadline set forth in our prior order, and, as
a result, the reporter’s record of the temporary orders hearing has not been filed. As the party
seeking mandamus relief, Relator “had the burden of providing this Court with a sufficient record
to establish [his] right to mandamus relief.” Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).
Since an evidentiary hearing was held on the temporary orders, Relator had the burden of providing
this court with a reporter’s record from the hearing. Id. Because the Relator failed to provide us
with a sufficient record, Relator is not entitled to the relief sought. See id. Accordingly, the
petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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