Unreported / Non-Citable
Background
Rebecca Davalos sought mandamus relief in an original proceeding arising from a case pending in the 37th Judicial District Court of Bexar County. The underlying matter concerns the marriage of Anna Davalos and Rebecca Davalos and the interest of a child.
Davalos filed her petition for a writ of mandamus and an emergency motion for temporary relief on June 25, 2026. The memorandum opinion does not describe the challenged trial-court action or the specific relief Davalos requested.
The Court’s Holding
The Fourth Court of Appeals denied the mandamus petition. Applying the standard from Walker v. Packer, the court explained that mandamus is available only when the relator establishes both a clear abuse of discretion or violation of a legal duty and the absence of an adequate appellate remedy.
After reviewing the petition and record, the court concluded that Davalos had not shown she was entitled to the requested relief. It therefore denied the petition under Texas Rule of Appellate Procedure 52.8(a) and denied the emergency motion for temporary relief as moot.
Key Takeaways
- A mandamus relator must show both a clear abuse of discretion or violation of a legal duty and no adequate remedy by appeal.
- The court found the petition and record insufficient to establish entitlement to mandamus relief.
- Denial of the mandamus petition rendered the emergency request for temporary relief moot.
Why It Matters
The decision reinforces the demanding threshold for obtaining mandamus relief in Texas appellate courts. Because the memorandum opinion does not identify the trial-court ruling being challenged, its significance is limited to its application of the settled mandamus standard to the record presented.