In Re: James T. Daniel and Kristi D. Daniel Appeal from 380th Judicial District Court of Collin County (memorandum opinion)

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DENY and Opinion Filed January 6, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00805-CV IN RE JAMES T. DANIEL AND KRISTI D. DANIEL, Relators Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-52305-2021 MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Schenck Before the Court is relators’ September 23, 2021 petition for writ of mandamus. In their petition, relators challenge the trial court’s temporary order changing the conservator with the exclusive right to determine the children’s primary residence. Relators bear the burden of demonstrating their entitlement to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (per curiam) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). This burden includes providing this court with a record sufficient to make that showing. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Because relators have not submitted an adequate record, we are unable to conduct a meaningful review of their claims. See In re Athans, 458 S.W.3d 675, 679 (Tex. App.—Houston [14th Dist.] 2015, orig. proceeding) (omission of trial exhibits rendered mandamus record insufficient). Accordingly, we deny the petition without prejudice to refiling a petition with a sufficient record. /David J. Schenck/ DAVID J. SCHENCK JUSTICE 210805F.P05 –2–

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