Unreported / Non-Citable
Background
Jeramy Frances Kile filed an original proceeding in the Second Appellate District of Texas at Fort Worth, seeking a writ of mandamus directed at the 43rd District Court of Parker County, Texas, where trial court cause number CV23-0871 is pending. Along with the mandamus petition, Kile filed a motion for temporary relief and a motion for leave to file physical media in support of the petition.
The record before the appellate court consisted of the relator’s petition and accompanying motions. The underlying trial court matter in Parker County gave rise to the mandamus proceeding, though the appellate court’s per curiam memorandum opinion does not detail the specific dispute or rulings in the trial court that prompted Kile to seek extraordinary relief.
The Court’s Holding
A per curiam panel of Justices Walker, Birdwell, and Wallach unanimously denied all relief sought by the relator. The court denied the petition for writ of mandamus, the motion for temporary relief, and the motion for leave to file physical media, concluding that relator had not demonstrated entitlement to the extraordinary remedy of mandamus.
The opinion is a brief memorandum opinion and does not elaborate on the court’s reasoning beyond its determination that relief should be denied. Under Texas appellate practice, mandamus is an extraordinary remedy available only when a relator demonstrates a clear abuse of discretion by the trial court and no adequate remedy by appeal.
Key Takeaways
- The Second Court of Appeals denied Jeramy Frances Kile’s petition for writ of mandamus arising out of the 43rd District Court of Parker County (Trial Court No. CV23-0871).
- All ancillary relief sought — including temporary relief and leave to file physical media — was likewise denied.
- The decision is a per curiam memorandum opinion, offering no published legal analysis, and signals the relator failed to meet the high bar required for mandamus relief in Texas.
Why It Matters
While this short memorandum opinion establishes no new legal precedent, it illustrates the demanding standard relators must satisfy to obtain mandamus relief in Texas intermediate appellate courts. A writ of mandamus is an extraordinary remedy, and denial at the intermediate appellate level leaves the relator to pursue the underlying dispute through ordinary trial court proceedings and, if necessary, a conventional appeal.
Practitioners should note that companion motions — such as requests for temporary relief or for leave to submit non-standard materials — rise and fall with the underlying mandamus petition; courts will typically deny them together when the petition itself does not demonstrate the requisite clear abuse of discretion and lack of an adequate appellate remedy.