In Re Daryl Smith — Court denies writ of mandamus petition

Case
In Re Daryl Smith
Court
Texas Court of Appeals, Tenth Appellate District
Date Decided
July 16, 2026
Docket No.
10-26-00221-CV
Topics
Mandamus, Appellate Procedure, Original Jurisdiction
Source
Read the full opinion

Background

Daryl Smith filed a Petition for Writ of Mandamus in the Tenth Appellate District on June 8, 2026, and subsequently filed a First Amended Petition for Writ of Mandamus on June 22, 2026. Smith also filed an Emergency Motion for Temporary Relief on June 8, 2026. The court had previously issued a Memorandum Opinion on June 25, 2026 addressing these petitions.

On June 25, 2026, Smith filed a Motion for Rehearing, requesting that the court reconsider its prior disposition.

The Court’s Holding

The court granted Smith’s Motion for Rehearing and withdrew its prior Memorandum Opinion issued June 25, 2026, substituting this opinion in its place.

The court denied both the original Petition for Writ of Mandamus and the First Amended Petition for Writ of Mandamus. The court also dismissed the Emergency Motion for Temporary Relief as moot. The court granted Smith’s Motion to File Under Seal.

Key Takeaways

  • Petitions for writ of mandamus in the original jurisdiction of the appellate court were denied.
  • The emergency motion for temporary relief was dismissed as moot, indicating the issue no longer required urgent relief.
  • The court permitted filing under seal, suggesting sensitive materials were involved in the proceeding.

Why It Matters

This order resolves Smith’s attempt to obtain mandamus relief through the appellate court’s original jurisdiction. The denial indicates the court found no basis for extraordinary relief, though the opinion does not elaborate on the underlying facts or legal grounds for the determination.

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