Case Information
*1 Order entered March 21, 2022
In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00162-CV IN RE DAVID BARNES, Relator Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-11126 ORDER
Before Justices Osborne, Partida-Kipness, and Smith
Before the Court is relator’s March 1, 2022 petition for writ of mandamus in which he challenges the trial court’s “Order on Substitution of Faith and Liberty’s Place,” “Order for Supervised Visitation,” and “Temporary Order for Father Supervised Possession and Access at Faith and Liberty’s Place.” Relator’s petition fails to mention that this Court already denied his mandamus petition challenging
the trial court’s November 17, 2021 oral ruling. See In re Barnes , No. 05-21- 01042-CV, 2021 WL 5817333, at *1 (Tex. App.—Dallas Dec. 7, 2021, orig. proceeding) (finding no abuse of discretion). It appears that the November 17, 2021 oral ruling, which was memorialized in the challenged written orders, set *2 virtually the same possession schedule that relator complains about here. In addition to failing to mention this Court’s December 7, 2021 opinion, relator also has not explained why a different outcome would be warranted here.
Accordingly, pursuant to Texas Rule of Appellate Procedure 52.11, we ORDER relator to file, by March 24, 2022 , a response showing cause why this Court should not impose sanctions on him for filing a petition that is: (1) clearly groundless; and (2) grossly misstates or omits an obviously important and material fact in the petition.
/s/ ROBBIE PARTIDA-KIPNESS JUSTICE