In Re Beverly Brooks v. the State of Texas
Docket 01-26-00395-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Denied
- Docket
- 01-26-00395-CV
Original mandamus proceeding challenging a trial court's order authorizing counsel to withdraw funds from the court's registry and denying the plaintiff's request for accrued interest.
Summary
The Court of Appeals for the First District of Texas denied Beverly Brooks's emergency petition for a writ of mandamus challenging a trial-court order dated April 13, 2026. Brooks sought to prevent counsel Kirkendall Dwyer, LLP from withdrawing all funds held in the trial court's registry and to secure a portion of the registry funds representing accrued interest. The appeals court declined relief and left the trial court's order intact, which granted withdrawal of the full registry amount to Kirkendall Dwyer and denied Brooks's request for interest funds.
Issues Decided
- Whether the trial court abused its discretion by ordering the registry funds released in full to Kirkendall Dwyer, LLP.
- Whether the trial court abused its discretion by denying Beverly Brooks's request to withdraw the portion of registry funds attributable to accrued interest.
Court's Reasoning
The court considered Brooks's emergency petition seeking to overturn the trial court's April 13, 2026 order but concluded that mandamus relief was not warranted. Because the memorandum opinion is brief and issues a per curiam denial without extended analysis, the court implicitly found no sufficient showing of a clear abuse of discretion or lack of adequate remedy by appeal to justify mandamus. The denial leaves the trial court's exercise of authority over the registry funds undisturbed.
Parties
- Relator
- Beverly Brooks
- Real Party In Interest
- Kirkendall Dwyer, LLP
- Judge
- Hon. Cory Sepolio
Key Dates
- trial court order date
- 2026-04-13
- opinion issued
- 2026-04-17
What You Should Do Next
- 1
Consult counsel about rehearing or further review
If Relator believes the denial was erroneous, consult appellate counsel promptly about filing a motion for rehearing or seeking relief in a higher court and confirm applicable deadlines.
- 2
Comply with trial-court order
If no further relief is sought or obtained, parties should prepare for and permit the withdrawal and distribution of the registry funds as ordered by the trial court.
- 3
Document and preserve objections for appeal
Ensure the trial-court record reflects any objections or motions regarding the registry funds so that issues are preserved for any possible appellate review.
Frequently Asked Questions
- What did the appeals court decide?
- The appeals court denied the emergency petition and left the trial court's order in place, so the funds in the registry may be withdrawn by Kirkendall Dwyer, LLP and Brooks's request for interest was denied.
- Who is affected by this decision?
- Relator Beverly Brooks, her counsel or opposing counsel (Kirkendall Dwyer, LLP), and the trial court handling cause number 2013-19862 in Harris County are directly affected.
- What happens next?
- Unless Brooks pursues further relief (such as a motion for rehearing or a separate appeal if available), the trial court's order authorizing withdrawal of the registry funds will be implemented.
- Can this be appealed further?
- This was an original mandamus petition to the appellate court; options may be limited but could include rehearing or applying to a higher court if appropriate and timely under applicable rules.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 17, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00395-CV
———————————
IN RE BEVERLY BROOKS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On April 17, 2026, Relator Beverly Brooks filed an Emergency Petition for
Writ of Mandamus challenging the trial court’s April 13, 2026 “Order Granting
KD’s Motion to Withdraw Funds From Court’s Registry and Denying Plaintiff’s
Request for Interest.”1 The challenged order (1) grants Real Party In Interest
1
The underlying case is Beverly Brooks v. Metropolitan Transit Authority of Harris
County, Texas, cause number 2013-19862, pending in the 269th District Court of
Harris County, Texas, the Honorable Cory Sepolio presiding.
Kirkendall Dwyer, LLP’s motion to withdraw funds from the court’s registry;
(2) orders that the entire amount of funds in the registry be released to Kirkendall
Dwyer immediately, and (3) denies Brooks’s request to withdraw a portion of
registry funds arising from interest accrued on the funds.
We deny the petition.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
2