In re Frazier (pdf)(Tex.App.- Houston [14th Dist.] Mar. 23, 2010)
(per curiam denial of mandamus in CPS child removal case)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Seymore and Brown
14-10-00176-CV In Re Marshall James Frazier
Appeal from 314th District Court of Harris County
Trial Court Judge: John Phillips
On March 5, 2010, relator, Marshall James Frazier, filed a petition for writ of mandamus in this Court. See
Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks
this Court to compel the Honorable John Phillips, presiding judge of the 314th District Court of Harris
County, to dismiss the underlying suit affecting the parent-child relationship filed by the Texas Department
of Family and Protective Services (the “TDFPS”), and order the immediate return of the children to him.
In his petition, relator claims the trial court should not have (1) continued the suit affecting the parent-child
relationship case beyond the statutory limit of one year and extension of 180 days with the children
remaining in foster care or under the conservatorship of the TDFPS; and (2) ordered that the TDFPS
remain as temporary conservator of the children after dismissal of the suit affecting the parent-child
relationship and the re-filing of the suit when there are no new allegations warranting removal or
To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court
clearly abused its discretion and there is no adequate remedy by appeal. In re Team Rocket, L.P., 256 S.
W.3d 257, 259 (Tex. 2008) (orig. proceeding). Relator has not provided copies of the order dismissing the
first suit affecting the parent-child relationship filed by the TDFPS or the petition filed by the TDFPS in the
second suit which relator references in his petition for writ of mandamus. Additionally, there may be other
documents not referred to in relator’s petition, also material to his claim for relief. Relator has not met his
burden of providing a sufficient record establishing his right to mandamus relief. See Walker v. Packer,
827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex. R. App. P. 52.3(k), 52.7.
Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly,
we deny relator’s petition for writ of mandamus and motion for temporary emergency relief.
Panel consists of Justices Yates, Seymore, and Brown.