Opinion
No. 05-08-01419-CV
Opinion issued November 6, 2008.
Original Proceeding from the 256th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-17106-Z.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION
In her petition for writ of mandamus, Sonji Winters alleges the trial judge abused his discretion when he affirmed an associate judge's temporary order which changed the primary conservatorship of her son. Because the record before us is deficient, we deny relator's requested relief.
A person filing a petition for writ of mandamus must include an appendix including certain required items. Tex. R. App. P. 52.3(k). The appendix "must contain a certified or sworn copy of any order complained of, or any other document showing the matter complained of." Tex. R. App. P. 52.3(k)(1)(A).
Relator complains of the trial judge's action in affirming a temporary order signed by an associate judge. While the record before us does not include a signed order by the trial judge, we do have a reporter's record containing an oral pronouncement by the trial judge affirming the associate judge's temporary order. An oral order by a trial judge may be considered on mandamus if it is adequately shown by the trial court record. In re Bledsoe 41 S.W.3d 807, 811 (Tex.App.-Fort Worth 2001, orig. proceeding). Although the appendix contains a copy of the associate judge's temporary order it is neither certified nor sworn. Because we must look to the associate judge's temporary order to determine the subject matter complained of, relator's appendix is deficient.
We DENY relator's petition for writ of mandamus.