350 S.W.3d 227
Tex. App.2011Background
- T.R.B. is the adoptive and sole legal parent of three daughters, ages 16, 12, and 9.
- D.S. filed a SAPCR seeking conservatorship over the children; T.R.B. challenged standing.
- Trial court initially held D.S. had no standing; we reversed and remanded for fact-finding on standing.
- During consolidated proceedings, a parental termination action and related matters were consolidated and mediated with a settlement.
- On December 23, 2010, a settlement was reached designating D.S. and the Department as joint managing conservators and T.R.B. as possessory conservator, with no explicit primary conservator.
- T.R.B. objected to the settlement and claimed a jury trial; the court directed verdict in favor of the Department and D.S., before T.R.B. could present evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus was proper to compel a jury trial | T.R.B. lacks adequate appellate remedy and deserves jury review | No jury issue remains due to settlement; no mandamus needed | Mandamus relief granted; remedy inadequate by appeal |
| Whether the directed verdict was appropriate given pleadings | General denial preserves issue on conservatorship and requires jury determination | Pleading deficiency and settlement removed jury issues | Directed verdict improper; based on pleading flaw, not evidence |
| Whether D.S.'s standing must be resolved by the trier of fact | Standing is a factual question to be resolved by the jury | Standing moot after settlement; no jury issue | Standing remains to be resolved by trier of fact |
Key Cases Cited
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus abuse standard and adequacy of remedy by law)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus standard; lack of legal error)
- In re Tex. Dep't of Family & Protective Servs., 210 S.W.3d 609 (Tex. 2006) (speedy resolution in child custody matters; appeal inadequacy)
- In re Dep't of Family & Protective Servs., 273 S.W.3d 637 (Tex. 2009) (appeal inadequate when children in custody; final order timing)
- In re Russell, 321 S.W.3d 846 (Tex. App.-Fort Worth 2010) (fair notice pleading standard in SAPCR contexts)
- Shell Chem. Co. v. Lamb, 493 S.W.2d 742 (Tex. 1973) (general denial places burden on proof of all essential facts)
- Lewelling v. Lewelling, 796 S.W.2d 164 (Tex. 1990) (strong presumption in favor of parental custody; nonparent burden)