What did the court decide?

The court denied Kilgore's request for a writ of mandamus and denied her emergency motion for temporary relief as moot.

Who is affected by this decision?

The decision affects the relator, Joy Cherie Kilgore, and the opposing party in the underlying Bexar County case, Selene Finance, L.P.

What happens next in the underlying case?

Because mandamus relief was denied, the underlying Bexar County proceeding continues and the district court's actions remain in place unless altered by another court order.

Can this decision be appealed?

Mandamus denials are generally not appealable in the same way as final judgments, but the relator may seek further extraordinary relief from the Texas Supreme Court if appropriate.

In Re Joy Cherie Kilgore v. the State of Texas

Docket 04-26-00279-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDenied

Filed: Apr 8, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Civil
Disposition: Denied
Docket: 04-26-00279-CV

Original mandamus proceeding reviewing a petition seeking writ of mandamus and emergency temporary relief arising from an ongoing Bexar County civil case

Summary

The Fourth Court of Appeals, San Antonio, denied Joy Cherie Kilgore’s petition for a writ of mandamus seeking relief related to an underlying case in Bexar County District Court. The court considered Kilgore’s petition and an incorporated emergency motion for temporary relief filed April 6, 2026, and concluded she was not entitled to mandamus relief under the Texas appellate rules. Because the requested extraordinary relief was denied, the court also denied the emergency motion as moot. No written opinion explaining detailed reasoning was issued—this is a brief disposition under the appellate rules.

Issues Decided

Whether the relator was entitled to issuance of a writ of mandamus by the Court of Appeals
Whether emergency temporary relief should be granted pending resolution of the mandamus petition

Court's Reasoning

The court reviewed the petition and the materials submitted and concluded the relator was not entitled to the extraordinary relief requested under the applicable Texas appellate rules. Because the main petition was denied, the court found the emergency motion for temporary relief moot and denied it on that basis. The memorandum disposition does not elaborate further on the legal standards or fact findings.

Authorities Cited

Texas Rule of Appellate Procedure 52.8(a)TEX. R. APP. P. 52.8(a)

Parties

Petitioner: Joy Cherie Kilgore
Respondent: Selene Finance, L.P.
Judge: Elizabeth Martinez

Key Dates

Petition filed: 2026-04-06
Decision filed: 2026-04-08

What You Should Do Next

1
Consider petitioning the Texas Supreme Court
If Kilgore wishes to pursue further extraordinary relief, she should consult counsel about whether to file a petition for writ of mandamus with the Texas Supreme Court and the applicable deadlines and standards.
2
Continue defense or prosecution in district court
Parties should proceed with the underlying Bexar County case (Cause No. 2025CI26784) because the appellate court denied mandamus and left the district court proceedings intact.
3
Consult an attorney
Both sides should consult counsel to evaluate options, preserve record issues, and consider whether any interlocutory or emergency relief remains available.

Frequently Asked Questions

What did the court decide?: The court denied Kilgore's request for a writ of mandamus and denied her emergency motion for temporary relief as moot.
Who is affected by this decision?: The decision affects the relator, Joy Cherie Kilgore, and the opposing party in the underlying Bexar County case, Selene Finance, L.P.
What happens next in the underlying case?: Because mandamus relief was denied, the underlying Bexar County proceeding continues and the district court's actions remain in place unless altered by another court order.
Can this decision be appealed?: Mandamus denials are generally not appealable in the same way as final judgments, but the relator may seek further extraordinary relief from the Texas Supreme Court if appropriate.

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

Fourth Court of Appeals
                                        San Antonio, Texas

                                   MEMORANDUM OPINION

                                            No. 04-26-00279-CV

                                       IN RE Joy Cherie KILGORE

                                             Original Proceeding 1

PER CURIAM

Sitting:          Lori I. Valenzuela, Justice
                  H. Todd McCray, Justice
                  Velia J. Meza, Justice

Delivered and Filed: April 8, 2026

PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR
TEMPORARY RELIEF DENIED AS MOOT

           Relator, Joy Cherie Kilgore, filed her petition for writ of mandamus and incorporated

emergency motion for temporary relief on April 6, 2026. Having considered the petition,

incorporated motion, and the documents provided, this court has determined that Kilgore is not

entitled to the relief requested. See TEX. R. APP. P. 52.8(a). The petition for writ of mandamus is

denied. The emergency motion for temporary relief is denied as moot.

                                                         PER CURIAM




1
 This proceeding arises out of Cause No. 2025CI26784, styled Joy Cherie Kilgore v. Selene Finance, L.P., pending in
the 73rd Judicial District Court, Bexar County, Texas, the Honorable Elizabeth Martinez presiding.