The Honorable Suzanne Brooks, the respondent in this cause, filed her own motion for rehearing and has submitted the full evidentiary record that was before the trial court when it entered its temporary order. The motion for rehearing suggests that if we review the entire record, we will conclude that the relator, who had previously presented only an incomplete record, failed to demonstrate her entitlement to mandamus relief. We have carefully reviewed the full record and find that the additional evidence submitted by the trial court pertains more to the permanent custody decision to be reached in this cause than to the appropriateness of the temporary order issued September 16, 2002. The full record does not remove the concerns about the temporary order that we expressed in our opinion. However, our opinion should not be read as favoring any particular outcome in the ultimate custody decision or in the redetermination of appropriate temporary orders in this matter, so long as the concerns that we have addressed are considered. Therefore, we overrule the motion for rehearing and decline to assess additional costs in this cause.

Bea Ann Smith, Justice

Before Justices Kidd, B.A. Smith and Yeakel

Filed: January 13, 2003