Background
Katherine Carlson, Cody Breunig, USA Waste-Management Resources, LLC, and Kimberly G. Stith sought mandamus relief in an underlying lawsuit filed by J.K. Moore in the 212th District Court of Galveston County.
The relators challenged the trial court’s September 25, 2025 order denying their motion to dismiss under Texas Rule of Civil Procedure 91a and its November 5, 2025 order denying reconsideration. On June 15, 2026, the court of appeals stayed all proceedings in the trial court while it considered the mandamus petition.
The Court’s Holding
In a per curiam memorandum opinion, the First Court of Appeals denied the petition for writ of mandamus. The court did not provide substantive reasoning or discuss the merits of the Rule 91a motion.
The court also lifted the stay it had imposed on the underlying proceedings and dismissed all pending motions as moot.
Key Takeaways
- The relators did not obtain mandamus relief from the orders denying dismissal and reconsideration.
- The opinion states no substantive basis for denying the petition and therefore establishes no articulated Rule 91a analysis.
- With the appellate stay lifted, proceedings in the underlying Galveston County case may resume.
Why It Matters
The ruling leaves the trial court’s challenged orders in place and ends the temporary appellate pause in the underlying litigation. Because the memorandum opinion contains no merits analysis, its significance is principally procedural rather than doctrinal.