In re JSM Livestock — Fourth Court of Appeals denies mandamus petition and lifts temporary stay

Case
In re JSM Livestock, LLC
Court
Texas Fourth Court of Appeals
Judge
Lori I. Valenzuela (Greg Abbott, 2021); Adrian A. Spears II (elected 2024)
Date Decided
July 15, 2026
Docket No.
04-26-00408-CV
Topics
Mandamus, Appellate Procedure, Temporary Relief
Source
Read the full opinion

Background

JSM Livestock, LLC sought mandamus relief in an original proceeding arising from Maltsberger/Storey Ranch Lands, LLC, et al. v. JSM Livestock, LLC, a case pending before Judge Jennifer Dillingham in the 81st Judicial District Court of La Salle County, Texas.

JSM Livestock filed its mandamus petition and an emergency motion for temporary relief on May 19, 2026. The Fourth Court of Appeals granted temporary relief and requested responses. The real parties in interest responded and moved for reconsideration of the temporary stay, and JSM Livestock filed a reply.

The Court’s Holding

The court denied JSM Livestock’s petition for a writ of mandamus. It explained that mandamus is available only when a relator establishes both a clear abuse of discretion or violation of a legal duty and the absence of an adequate remedy at law, such as an appeal.

After considering the parties’ arguments and the record, the court concluded that JSM Livestock had not shown entitlement to the requested relief. The memorandum opinion did not identify which mandamus requirement was lacking or provide further substantive analysis.

The court also lifted its temporary stay. Because that action eliminated the issue presented by the real parties’ reconsideration motion, the court dismissed the motion as moot.

Key Takeaways

  • A mandamus relator must show a clear abuse of discretion or violation of a legal duty and no adequate remedy at law.
  • JSM Livestock failed to establish entitlement to mandamus relief on the submitted arguments and record.
  • The denial dissolved the temporary stay and rendered the motion to reconsider that stay moot.

Why It Matters

The decision underscores the demanding threshold for obtaining mandamus relief in Texas. A temporary stay entered while an appellate court reviews a petition does not indicate that the relator will ultimately satisfy the requirements for extraordinary relief.

Because the court gave no detailed explanation for its denial, the opinion establishes no case-specific substantive rule beyond applying the settled mandamus standard to the record presented.

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