Texas Case Summaries
Federal Enforcement »

In re McCoy — Texas appeals court denied mandamus relief and dismissed the stay request as moot

Unreported / Non-Citable

Case
In re James McCoy
Court
Texas First Court of Appeals
Judge
Justice Rivas-Molloy; Justice Guerra; Justice Gunn
Date Decided
October 6, 2026
Docket No.
01-26-00992-CV
Topics
Mandamus, Trial Court Jurisdiction, Plenary Power, Stay
Source
Read the full opinion

Background

James McCoy, an incarcerated pro se litigant, sought mandamus relief concerning a hearing that the trial court had scheduled for October 15, 2026. The underlying case was James McCoy v. Sylvia Hightower in the 506th District Court of Grimes County, with Judge Gary W. Chaney presiding.

McCoy asserted that the trial court lacked jurisdiction to hold the hearing because its plenary power expired on July 24, 2026, following a purported final order signed on June 23, 2026. He asked the court of appeals to direct the trial court to close the case and cancel the hearing, and to deem void any trial-court order signed on or after July 24. He also moved to stay the hearing while the appellate court considered his petition.

The Court’s Holding

The Texas First Court of Appeals concluded that McCoy failed to establish that he was entitled to mandamus relief. The memorandum opinion did not provide further reasoning or decide whether the trial court’s plenary power had expired.

The court denied McCoy’s mandamus petition. It also dismissed all pending motions, including his motion to stay the October 15 hearing, as moot.

Key Takeaways

  • The court denied McCoy’s request for mandamus relief.
  • The opinion did not resolve McCoy’s assertion that the trial court lost plenary power on July 24, 2026.
  • The court dismissed McCoy’s request to stay the scheduled hearing as moot.

Why It Matters

The decision leaves McCoy without the requested appellate directives to close the underlying case, cancel the hearing, or deem later trial-court orders void. Because the brief memorandum opinion states only that he failed to establish entitlement to mandamus relief, it does not provide a substantive ruling on his jurisdictional theory.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top