In re Bullock, 09-04-347 CV.

• Decision Date: 07 October 2004
• Docket Number: No. 09-04-347 CV.,09-04-347 CV.
• Citation: 146 S.W.3d 783
• Parties: In re Carol Ann Tarver BULLOCK, Matthew Bullock, and C.A.T.B.
• Court: Texas Court of Appeals

146 S.W.3d 783

In re Carol Ann Tarver BULLOCK, Matthew Bullock, and C.A.T.B.

No. 09-04-347 CV.

Court of Appeals of Texas, Beaumont.

Submitted August 27, 2004.

Decided October 7, 2004.

Appeal from the 317th District Court, Jefferson County, Larry Thorne, J Richard J. Clarkson, Beaumont, for appellants.

Jerry Holmes, Nederland, Norman A. Desmarais, Jr., Port Arthur, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

In this original proceeding, relators petition this Court for a writ of mandamus directing respondent, the Honorable Larry Thorne, presiding judge of the 317th District Court, Jefferson County, Texas, to reinstate an order terminating the parental rights of David Castro (real party in interest), and directing respondent to reinstate an order of adoption.

The record herein does not lend itself to clarity or, in some instances, to understanding. No complete chronology of events has been submitted. The pertinent facts appear to be as follows:¹ Carol Ann Tarver Bullock is the natural mother of C.A.T.B., the child at the center of a controversy which has stretched over ten years and two Texas counties. C.A.T.B. was born on September 23, 1994. David Castro is the natural father of C.A.T.B. Matthew Bullock is the husband of Carol Ann Tarver Bullock, their marriage having taken place on February 14, 1995.

BRAZOS COUNTY LITIGATION

On December 22, 1994, the Office of the Attorney General filed a petition in Brazos County, Texas, to establish David Castro's paternity of C.A.T.B. An order establishing Castro's paternity was signed on May 26, 1995, also in Brazos County. A motion for temporary orders was filed by Castro on September 21, 1995. A "counter-petition" for termination of parental rights was filed by Carol Ann Tarver Bullock on February 5, 1996. Castro filed an amended original answer to the petition to terminate on February 8, 1996. The Brazos County court issued temporary orders for visitation and child support on February [or March] 20, 1996.

While some of the above-described litigation in Brazos County was continuing, Carol, Matthew, and C.A.T.B. moved to Beaumont, Jefferson County, Texas, on July 1, 1995. Following the issuance of the temporary orders for visitation and child support, various arrangements were made by the Bullocks for Castro to have supervised visitation with C.A.T.B. in Beaumont and in College Station, Texas, where Castro resided. These arrangements continued for the next two and one-half years, until there was an apparent breakdown in some aspects of scheduled visitations. Thereafter, on September 21, 1998, a default judgment terminating Castro's parental rights to C.A.T.B. was signed by the presiding judge of County Court at Law No. One of Brazos County, Texas.

On April 18, 2000, Castro filed an original petition for bill of review in County Court at Law No. One of Brazos County, Texas, alleging, inter alia, that he was not provided with proper notice of the termination hearing in 1998, and also alleging various defenses to the termination allegations. Following a hearing on Castro's bill of review attended by Castro, Carol, and their respective counsel, the trial court granted the bill of review and rendered the prior default judgment terminating Castro's parental rights to C.A.T.B. void. This ruling was memorialized by a judgment signed on August 29, 2000. Orders transferring the suit affecting parent-child relationship and the bill of review to the 317th District Court in Jefferson County were signed on January 9, 2001. The transferred cases were "# 41168—Suit Affecting the Parent-Child Relationship and Supplementary Counter-Petition for Termination of Parent-Child Relationship," and "# 51082A—Bill of Review." The two cases with separate cause numbers in Brazos County were assigned a single cause number in Jefferson County, "C-179715."

JEFFERSON COUNTY LITIGATION

The record reflects that, prior to the transfer of the Brazos County litigation to Jefferson County, on April 26, 1999, respondent, as presiding judge of the 317th District Court, Jefferson County, Texas, signed an order granting the adoption of C.A.T.B. by Matthew Bullock. Thereafter, the first Jefferson County event appears to be the respondent's order signed March 5, 2003, under cause number C-179,715 which recognized the granting of Castro's bill of review, and declared Matthew Bullock's adoption of C.A.T.B. in 1999 void. These two orders—the order granting Castro's bill of review which voided the termination of Castro's parental rights, and the order modifying prior orders which voided Matthew Bullock's adoption of C.A.T.B.—form the basis of relators' mandamus request. However, between the order of March 5, 2003, and the filing of relators' petition for writ of mandamus, filed August 13, 2004, several other events took place between respondent, relators, and Castro.

It appears that respondent was attempting to develop a plan for reunification between Castro and C.A.T.B., as evidenced by a portion of the March 5, 2003, order. A psychological consultant was appointed to conduct interviews with all individuals involved in the suit "for the purpose of exploring the best course of action in reunifying DAVID CASTRO with his child, [C.A.T.B.]." Castro and Carol were ordered to pay one-half of the consultation fee, and were also ordered to promptly contact the psychologist and to cooperate with him concerning the providing of certain required information. On July 22, 2003, respondent entered an order which found Carol failed to comply with the prior orders regarding the psychologist, and further ordered "full and complete compliance" from her.

Apparently the various meetings took place, as the psychologist drafted a letter, dated November 23, 2003, to respondent suggesting guidelines and a plan for reunifying Castro and C.A.T.B. Then, on March 26, 2004, respondent signed a "Trial Scheduling Order," memorializing orders issued on March 5, 2004, which, inter alia, appointed Fran Hudgins as court-appointed monitor, and ordered her "to prepare and execute a reunification plan for the purpose of reunifying the Petitioner, DAVID F. CASTRO, with his child, [C.A.T.B.]." The respondent further ordered that all parties were to participate in the reunification plan as set forth by Ms. Hudgins "in a timely manner." Both Castro and Carol were ordered to contact Ms. Hudgins "not later than March 10, 2004, for the purpose of scheduling initial counseling meetings." On June 23, 2004, respondent conducted a hearing on certain motions, one of which was a second motion filed by Castro in an attempt to establish a reunification schedule. All parties were present with their respective counsel. Respondent's order, signed July 12, 2004, adopted a reunification plan drafted by Ms. Hudgins as "an integral part of this Order." It further ordered both Castro and Carol "to appear in person and comply in accordance with the Reunification Plan, at the times, dates and places as specified therein." (emphasis in original) The attached reunification plan listed specific dates, times, and locations each party was to appear and gave a brief description as to what was to occur. The order also established a child support amount and payment schedule for Castro.

On July 15, 2004, Ms. Hudgins drafted a letter to respondent which informed him of the following developments:

Per your court order, an office visit was set for 7-15-04 from 5 to 6pm. The purpose of the visit was for [C.A.T.B.] to meet with her biological father, David Castro. Mr. Castro arrived at my office at 5pm and waited until 5:30pm for Mr. and Mrs. Bullock to bring [C.A.T.B.]. They never arrived for the appointment, nor did they notify this office of their intention to not show up.

The Bullock's [sic] have missed four scheduled appointments. The Bullock's [sic] non-compliance with attempts to reunify [C.A.T.B.] with Mr. Castro have been unsuccessful. Therefore, I request that the court release me from monitoring this case.

On August 4, 2004, respondent conducted a hearing on a Motion For Enforcement filed by Castro. At the conclusion of this evidentiary hearing, respondent found Carol to have been guilty of two separate violations of his order of July 12, 2004, for her wilful refusal to participate in the reunification plan. Respondent sentenced her to twenty-four hours in the Jefferson County Jail, but suspended her commitment and placed her on probation for 180 days, and further ordered her to fully comply with the reunification plan as previously ordered. The contempt order was signed on August 5, 2004. Five days later, respondent denied relators' motion for reconsideration of its orders of July 12, 2004, and March 5, 2003.

In a mandamus proceeding, we review the trial court's decision for an abuse of discretion. In re University Interscholastic League, 20 S.W.3d 690, 691 (Tex.2000); Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985). To determine if there is an abuse of discretion, we review the entire record. In re University Interscholastic League, 20 S.W.3d at 691-92. The relator must establish that the facts and the law permit the trial court to make but one decision. Id. at 692. Additionally, the relator must show there is no adequate remedy at law. Id.

In the instant case, the specific order relators complain of is respondent's order of August 10, 2004, which denied reconsideration of relators' "Motion For Reconsideration of Order of July 12, 2004, and Setting Aside Grant of Bill of Review, Reinstatement of Adoption, and Stay of Further Orders." The August 10, 2004, order recites that respondent considered relator's motion, attached appendices, the court's complete file, testimony, and arguments of counsel. It is relators' position that the Brazos County order of August 29, 2000, granting Castro's bill of review, and the Jefferson County order of March 5, 2003, recognizing the granting...