Background
Keesha L. Montoya and Tanae Montoya filed an original proceeding arising from Williamson County in the Texas Court of Appeals for the Third District. They sought a writ of mandamus, an extraordinary remedy asking the appellate court to direct action in the underlying proceeding.
The Montoyas also filed an emergency motion requesting temporary relief and a stay of proceedings while the appellate court considered their mandamus petition. The memorandum opinion does not describe the underlying dispute, the challenged ruling, or the specific relief sought.
The Court’s Holding
The Third Court of Appeals denied the petition for writ of mandamus under Texas Rule of Appellate Procedure 52.8(a). The court provided no further explanation of its reasoning or the basis for concluding that mandamus relief should not issue.
Because the court denied the mandamus petition, it dismissed the accompanying emergency motion for temporary relief and a stay of proceedings as moot. The memorandum opinion was issued by Justice Chari L. Kelly, with Chief Justice Byrne and Justices Kelly and Theofanis on the panel.
Key Takeaways
- The court denied the Montoyas’ petition for a writ of mandamus.
- The emergency request for temporary relief and a stay was dismissed as moot.
- The brief memorandum opinion does not identify the underlying controversy or explain the court’s reasoning.
Why It Matters
The disposition ends this original appellate proceeding without mandamus relief or an appellate stay. Because the court offered no substantive analysis, the opinion provides little guidance beyond the outcome and does not announce a broader rule regarding the availability of mandamus.