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In re DeGray — Mandamus petition denied for failure to establish entitlement to extraordinary relief

Unreported / Non-Citable

Case
In re Rhiannon DeGray
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez (elected 2012); Irene Rios (elected 2016)
Date Decided
July 29, 2026
Docket No.
04-26-00260-CV
Topics
Mandamus; Appellate Procedure; Temporary Relief; Family Law
Source
Read the full opinion

Background

Rhiannon DeGray sought mandamus relief in an original proceeding arising from In the Interest of P.D., a Child, Cause No. 2024-CI-16636, pending in the 166th Judicial District Court of Bexar County, Texas.

DeGray filed her petition for a writ of mandamus on April 28, 2026. She also filed an emergency motion asking the court of appeals to stay the underlying proceedings while it resolved her petition.

The Court’s Holding

The Fourth Court of Appeals denied the mandamus petition. The court explained that mandamus relief requires the relator to show both that the trial court clearly abused its discretion or violated a legal duty and that no adequate appellate remedy exists.

After reviewing the petition and the record, the court concluded that DeGray had not shown she was entitled to the requested relief. Because the court denied the petition, it also denied her emergency motion for temporary relief as moot.

Key Takeaways

  • A relator seeking mandamus must establish a clear abuse of discretion or violation of a legal duty.
  • The relator must also show that an ordinary appeal would not provide an adequate remedy.
  • Denial of the mandamus petition rendered the related request to stay the underlying proceedings moot.

Why It Matters

The decision reinforces the demanding threshold for obtaining mandamus relief in Texas. A petition will be denied when the petition and record do not demonstrate entitlement to that extraordinary remedy.

The memorandum opinion does not describe the challenged trial-court ruling or separately analyze the two mandamus requirements, limiting its value as precedent on the underlying family-law dispute.

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