Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
Nicholas Field v. Brandi Pinsker2026-06-26
…port its decision. Zeifman, 212 S.W.3d at 587. However, a trial court has no discretion to incorrectly analyze or apply the law, and its failure to analyze or apply the law correctly is an abuse of discretion. See Iliff, 339 S.W.3d at 78; Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). 13 DISCUSSION Support amount above the presumptive guideline amount In his first issue, Field asserts that the evidence is insufficient to establish that his income and Eric’s proven needs ju…
In Re Margaret Hosseini Browder v. the State of Texas2026-06-26
…ne 23, 2026. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy at law, such as an appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Having considered the petition, the motion, and the record, this court concludes Hosseini-Browder has not This proceeding arises out of Cause No. CVOC-XX-XXXXXXX, styled Margaret Hosseini-Browder v. Armando 1 Mendez, Josue Santiago, and We Care Wildlife Sanctuary, pending in the 198th Judicial Dist…
In Re Arturo Perez and Texas Materials Group, Inc. v. the State of Texas2026-06-24
…discretion and that the relator has no adequate remedy at law, such as by an appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). “A trial court’s ‘error of law’ or ‘erroneous application of law to facts,’ … ‘is always an abuse of discretion.’” In re Ill. Nat’l Ins. Co., 685 S.W.3d 826, 835 (Tex. 2024) (quoting In re Facebook, Inc., 625 S.W.3d 80, 86 (Tex. 2021) (orig. proceeding). Whether the relator possesses an adequate remedy at law requires bal…
In Re Denise McVea v. the State of Texas2026-06-24
…ne 23, 2026. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy at law, such as an appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Having considered the amended petition, petition, and the record, this court concludes that McVea has not shown that she is entitled to the relief sought. TEX. R. APP. P. 52.8(a). The petition for writ of mandamus is denied. PER CURIAM DO NOT PUB…
In Re Ganga Thapa v. the State of Texas2026-06-24
…ecause she “met her heavy burden of establishing that she is entitled to mandamus relief.” Mandamus relief is appropriate where the trial court clearly abuses its discretion and there is no other adequate remedy at law. See Walker v. Packer, 827 S.W.2d 833, 838 (Tex. 1992) (orig. proceeding). A trial court has no discretion in determining what the law is or applying the law to the facts. Id. at 840. Thus, a trial court’s erroneous legal conclusion, even in an unsettled area of law, is an abuse of discretion. Perry v. Del Rio, 66 S.W.3d 239, 257 (Tex. 2001) (orig. proceeding); Huie v. DeShazo…
In Re Jose Alberto Rodriguez v. the State of Texas2026-06-24
…. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy at law, such as an appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Having considered the petition and the record, this court concludes Rodriguez 1 This proceeding arises out of Cause No. 2018-CI-01690, styled Alex Pardo v. Jose A. Rodriguez, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Cynthia Marie Chapa presiding.…
In Re Lugenbuhl, Wheaton, Peck, Rankin, & Hubbard and Todd Crawford v. the State of Texas2026-06-23
…5–26 (Tex. 2004) (orig. proceeding). To establish that the trial court abused its discretion, relators must show that the trial court reached “a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). As to the resolution of factual issues or matters committed to the trial court’s discretion, we may not substitute our judgment for that of the trial court unless relators establish that the trial court could reasonably have reached only one decision. PDT Holdings, Inc. v. City of Dallas, 712 S.W.3d 597, 603–04 (Tex. 2025…
In Re Demaree Reed2026-06-19
…18 facts.’” (quoting In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004))).11 B. Reed lacks an adequate remedy by appeal. To be entitled to relief, Reed must also show that he has no adequate remedy by appeal. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). “We determine whether an adequate appellate remedy exists by weighing the benefits of mandamus review against the detriments.” In re Acad., Ltd., 625 S.W.3d 19, 32 (Tex. 2021). The risk of significant waste of economic and judicial resources and the potential harm to the separation of powers if the referral order stands both…
In Re Walgreen Co. and Robert Alvarez v. the State of Texas2026-06-19
…2004) (orig. proceeding). “The relator bears the burden of demonstrating that it is entitled to mandamus relief.” UpCurve Energy Partners, 632 S.W.3d at 256 (citing In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding)). After full and careful consideration of Walgreen and Alvarez’s mandamus petition, the mandamus record provided, the real party in interest’s response, Walgreen and Alvarez’s reply, and 2 the relevant law, the Court has determined that Walgre…
In Re Allstate Vehicle and Property Insurance Company v. the State of Texas2026-06-18
…was void of “any deadline for invoking appraisal.” The trial court denied reconsideration. Standard of Review Mandamus is an extraordinary remedy that is available only in limited circumstances. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). To secure mandamus relief, a relator must establish that (1) the trial court committed a clear abuse of discretion or violated a duty imposed by law, and (2) there is no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). A trial court abuses its…
In Re William Travis Hawk Jr. and Rebecca Mae Hawk v. the State of Texas2026-06-18
…s discretion and the party seeking relief lacks an adequate remedy on appeal. In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). Alternatively, when “a trial court issues an order ‘beyond its jurisdiction,’ mandamus relief is appropriate because such an order is void ab initio.” In re Panchakarla, 602 S.W.3d 536, 539 (Tex. 2020) (orig. proceeding) (per curiam) (quoting In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (o…
In Re Law Office of Ruben Franco Jr., PLLC v. the State of Texas2026-06-18
…We may issue a writ of mandamus to remedy a clear abuse of discretion by the trial court when the relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). “A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” Walker, 827 S.W.2d at 839 (internal quotations omitted). A trial court also abuses its discretion if it fails to correctly analyze or apply the la…
In Re Pioneer Natural Resources USA, Inc. v. the State of Texas2026-06-18
…analysis and correctly found that tailored remedies—not disqualification—were appropriate.” II. Mandamus Mandamus is an “extraordinary” remedy that is “available only in limited circumstances.” Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). A writ of mandamus will issue only if the trial court clearly abused its discretion, and the relator has no adequate remedy on appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). A trial court abuses its discretion if it reaches a decision so arbitrary and unreas…
In Re Homesite Insurance Company v. the State of Texas2026-06-18
…lve the dispute and we apply equitable principles. Id. The relator bears the burden to establish its right to relief in an original proceeding. See In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). “A writ of mandamus is available to correct a clear abuse of discretion for which there is no adequate remedy by appeal.” In re Lapuerta, 732 S.W.3d 548, 555 (Tex. 2026) (orig. proceeding); see Walker, 827 S.W.2d at 839. “A court abuses its discretion if no evidence supports the finding on wh…
In Re Fat Cat Boatworks, LLC v. the State of Texas2026-06-16
…s discretion and the party seeking relief lacks an adequate remedy on appeal. In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). “A court abuses its discretion if no evidence supports the finding on which its ruling rests and if the court could reasonably have reached only a contrary conclusion.” In re AutoZoners, LLC, 694 S.W.3d 219, 223 (Tex. 2024) (orig. proceeding) (per curiam). We conduct a “benefits-and- detriments analy…
In Re W.A.A. v. the State of Texas2026-06-11
…June 9, 2026. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy at law, such as an appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Having considered the petition, the motion, and the record, this court concludes W.A.A. has not shown that he is entitled to the relief sought. Accordingly, the petition 1 This proceeding arises out of Cause No. 2025-0130-FAM, styled In the Matter of the Marriage of B.M.A. and W.A.A., and in the I…
In Re MAJ. Christina I. Leake, Relator v. the State of Texas2026-06-10
…x. App.—Amarillo 2018, orig. proceeding) (citing In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam)). When seeking mandamus relief, a relator bears the burden of proving these two requirements. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). ANALYSIS Issues 1 and 12 Relator asks that we compel the trial judge to rule on her Motion to File Immediate Interim Orders for Stabilization Measures Pending Full Review. It appears she filed the motion on or about April 6, 2026. This Court h…
In Re Marco A. Cantu v. the State of Texas2026-06-10
…for temporary relief. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator has not shown that he is entitled to the relief sought. Accordingly, the petition for writ of This proceeding arises out of Cause No. 2005CVQ000954D3, styled Julian Gonzalez et al. v. Entex Gas Marketing 1 Company et al.,…
In Re Tempus Holdings, Inc. D/B/A the Lodge Card Club, and Locus Enterprises, LLC v. the State of Texas2026-06-10
…evidence supports the finding on which its ruling rests and if the court could reasonably have reached only a contrary conclusion.” AutoZoners, 694 S.W.3d at 223; see also GTE Commc’ns Sys. Corp. v. Tanner, 856 S.W.2d 725, 729 (Tex. 1993); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). “Mandamus is appropriate to correct an erroneous order disqualifying counsel because there is no adequate remedy by appeal.” In re Sanders, 153 S.W.3d 54, 56 (Tex. 2004). III. ANALYSIS A litigant’s right to select their own counsel is a significant one. See Sanders, 153 S.W.3d at 57 (“Disqualification i…
In Re Ernie Alonzo, Michele Pena, Oscar Salinas, and Dr. Mario Salinas v. the State of Texas2026-06-09
…ns. Co. of Am., 148 S.W.3d at 138. “A trial court has no discretion in determining questions of law or applying the law to the facts.” In re Lapuerta, No. 24-0879, 2026 WL 969263, at *3 (Tex. Apr. 10, 2026) (orig. proceeding); see Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). However, “[a]ppellate courts may not substitute their judgment for the trial court’s determination of factual matters committed to the trial court’s discretion.” In re Shipman, 540 S.W.3d 562, 565 (Tex. 2018) (orig. proceeding) (per curiam); see Walker, 827 S.W.2d at 839. Further, appellate courts “may…
In Re Germania Farm Mutual Insurance Association v. the State of Texas2026-06-05
…at: (1) the trial court abused its discretion; and (2) the relator lacks an adequate remedy on appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker, 827 S.W.2d at 840. Mandamus relief is appropriate to enforce an appraisal clause because denying the appraisal would vitiate the insurer…
In Re Richard Earl Purkey Jr. and Ashlyn Purkey Jordan v. the State of Texas2026-06-04
…We may issue a writ of mandamus to remedy a clear abuse of discretion by the trial court when the relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). “A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” Walker, 827 S.W.2d at 839 (internal quotations omitted). A trial court also abuses its discretion if it fails to correctly analyze or apply…
In Re Germania Farm Mutual Insurance Association v. the State of Texas2026-06-04
…hat (1) the trial court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker, 827 S.W.2d at 840. The trial court has no discretion to ignore a valid appraisal clause. State Farm Lloyds v. Johnson, 290 S.W.3…
Texas Cordia Construction, LLC v. Deanira Cantu, Pablo Rubalcaba, Domingo Pena, Jr., Janet Pena, Monica Cavazos, Juanita 'Janie' and Roman Rodriguez, 2026-06-04
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
In Re Texas Farm Bureau Underwriters v. the State of Texas2026-06-03
…for writ of mandamus. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator has not shown that it is entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a). PER CURIAM 1 This procee…
In Re A.T. v. the State of Texas2026-06-03
…dential Ins. Co. of America, 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Contempt orders are not reviewable by appeal; therefore, if a trial court abuses its discretion by holding someone in contempt, there is no adequate remedy by appeal, and the second prong of mandamus review is satisfied. In re Long, 984 S.W.2d 623, 625 (Tex. 1999). 2 As discussed infra, the mandamus…