In re Martinez — Mandamus denied over summary-judgment ruling

Case
In re Andres Rogelin Martinez, Jet Sanitation Service, LLC, and Jet Waste Services, LP
Court
Texas First Court of Appeals
Judge
Guerra (elected 2020); Gunn (Greg Abbott, 2024)
Date Decided
July 30, 2026
Docket No.
01-26-00760-CV
Topics
Mandamus; Summary Judgment; Civil Procedure
Source
Read the full opinion

Background

Andres Rogelin Martinez, Jet Sanitation Service, LLC, and Jet Waste Services, LP sought mandamus relief in litigation pending in the 164th District Court of Harris County. The underlying plaintiffs are Jose Edgar Reyes and Vilman Jesenia Ferman, individually and as next friends of J.E.R.J. and J.M.R.

The relators challenged the trial court’s May 5, 2026 order denying their traditional motion for summary judgment. They asked the court of appeals to direct the trial court to vacate that order.

The Court’s Holding

In a per curiam memorandum opinion, the First Court of Appeals concluded that the relators failed to establish entitlement to mandamus relief.

The court therefore denied the petition for writ of mandamus. It also dismissed all pending motions as moot.

Key Takeaways

  • The court declined to disturb the trial court’s denial of the relators’ traditional summary-judgment motion through mandamus.
  • The relators failed to establish the requirements for extraordinary mandamus relief.
  • The court denied the petition and dismissed pending motions as moot.

Why It Matters

The decision leaves the challenged summary-judgment order in place and allows the underlying litigation to proceed. It also illustrates that a party seeking immediate appellate intervention from an interlocutory ruling must establish entitlement to the extraordinary remedy of mandamus.

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