Background
The City of Kemah sought mandamus relief from an August 3, 2026 temporary restraining order obtained by Matthew D. Wiggins, doing business as Kemah B&B Group, in litigation pending in the 122nd District Court of Galveston County.
The City asked the First Court of Appeals to direct the trial court to vacate the restraining order and refrain from further proceedings while the City pursued an interlocutory appeal from the denial of its plea to the jurisdiction. The City also moved to stay all trial-court proceedings while its mandamus petition was pending.
The Court’s Holding
The court concluded that the City failed to establish that it was entitled to mandamus relief and denied the petition. The memorandum opinion did not elaborate on the reason the City failed to meet the standard for relief.
Because the court denied the mandamus petition, it dismissed all pending motions, including the City’s motion for additional temporary relief, as moot.
Key Takeaways
- The City did not establish entitlement to a writ directing the trial court to vacate the temporary restraining order.
- The court also declined the City’s request to halt further trial-court proceedings pending its interlocutory appeal.
- The denial of mandamus relief rendered the City’s motion for a stay moot.
Why It Matters
The decision leaves the challenged temporary restraining order undisturbed and provides no substantive explanation for denying extraordinary relief beyond the court’s conclusion that the City failed to establish entitlement to mandamus.