Unreported / Non-Citable
Background
William Travis Hawk Jr. and Rebecca Mae Hawk, proceeding pro se, petitioned the Texas Thirteenth Court of Appeals for a writ of mandamus. They argued that the trial court could not conduct a hearing scheduled for November 17, 2026, while their motion to recuse remained pending.
The Hawks also asserted that the trial court had abused its discretion by failing to rule on their motion for accommodation and requests for settings, and that they lacked an adequate appellate remedy. They separately sought emergency temporary relief staying all trial-court proceedings while the appellate court considered their mandamus petition.
The Court’s Holding
The court denied the petition for writ of mandamus, concluding that the Hawks had not carried their burden to establish entitlement to the extraordinary remedy. Mandamus requires a clear abuse of discretion for which no adequate remedy by appeal exists.
The court explained that the trial court had signed an order referring the recusal motion and was not issuing orders in the case until that motion was decided. After reviewing the petition, record, and applicable law, the court found no basis for mandamus relief. It also denied the emergency motion for a temporary stay.
Key Takeaways
- A mandamus relator must show both a clear abuse of discretion and the absence of an adequate appellate remedy.
- The trial court had referred the pending recusal motion and was refraining from issuing orders until the recusal issue was resolved.
- The court denied both the mandamus petition and the requested emergency stay.
Why It Matters
The decision illustrates the demanding burden facing parties who seek mandamus relief based on a pending recusal motion. Where the trial court has followed the referral procedure and is withholding further orders pending resolution of recusal, an appellate court may find no clear abuse warranting intervention.
The opinion also underscores that an emergency stay is not automatic upon filing a mandamus petition; the relator must establish a sufficient legal basis for extraordinary relief.