In re Harris — Mandamus petition denied; emergency stay motion denied as moot

Case
In re Colonel (Ret.) Victor H. Harris
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez, Chief Justice (elected 2012); Irene Rios, Justice (elected 2016); H. Todd McCray, Justice (elected 2024)
Date Decided
October 7, 2026
Docket No.
04-26-00713-CV
Topics
Mandamus, Original Proceedings, Emergency Stay
Source
Read the full opinion

Background

Colonel (Ret.) Victor H. Harris sought mandamus relief in an original proceeding arising from his case against Park West Galleries, Inc., pending in Bexar County Court at Law No. 10 before Judge Cesar Garcia.

Harris filed his petition for a writ of mandamus and an emergency motion for a temporary stay on September 15, 2026. The court considered the petition and the mandamus record.

The Court’s Holding

The Fourth Court of Appeals concluded that Harris was not entitled to the requested mandamus relief. It therefore denied his petition under Texas Rule of Appellate Procedure 52.8(a).

The court also denied Harris’s emergency motion for a temporary stay as moot.

Key Takeaways

  • The court denied Harris’s petition for a writ of mandamus.
  • The court concluded from the petition and mandamus record that Harris was not entitled to the relief sought.
  • The emergency motion for a temporary stay was denied as moot.

Why It Matters

The memorandum opinion leaves the underlying Bexar County litigation in place without granting Harris extraordinary appellate relief. Because the court provided no further reasoning, the opinion does not identify the alleged trial-court error or establish a broader substantive rule.

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