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In Re AGON4, LLC and Texas Premium Beverage Corp. v. the State of Texas

Docket 04-26-00164-CV

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

OtherDenied
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 4th District (San Antonio)
Type
Lead Opinion
Case type
Other
Disposition
Denied
Docket
04-26-00164-CV

Original mandamus proceeding reviewing a petition filed by relators challenging actions in an underlying probate-court case

Summary

The Fourth Court of Appeals in San Antonio denied a petition for a writ of mandamus filed by AGON4, LLC and Texas Premium Beverage Corp. The relators sought to compel action in an underlying probate-court case but failed to show entitlement to extraordinary relief under the Texas Rules of Appellate Procedure. Because the court found the petition insufficient, it denied the writ and dismissed as moot the relators' separate motion for temporary relief (a stay of the underlying proceedings). No further reasoning beyond the procedural insufficiency is provided.

Issues Decided

  • Whether relators established entitlement to a writ of mandamus to interfere with proceedings in Probate Court No. 2, Bexar County
  • Whether temporary relief (a stay) of the underlying proceedings should be granted pending resolution of the mandamus petition

Court's Reasoning

The court concluded the relators did not meet the standard for extraordinary relief required under the Texas Rules of Appellate Procedure. Because the relators failed to establish entitlement to the requested writ, there was no basis to grant temporary relief such as a stay, and the motion for temporary relief was denied as moot. The opinion relies on the procedure and standards for mandamus relief rather than resolving substantive probate issues.

Authorities Cited

  • Texas Rules of Appellate ProcedureTEX. R. APP. P. 52.8(a)

Parties

Petitioner
AGON4, LLC
Petitioner
Texas Premium Beverage Corp.
Respondent
San Antonio Metropolitan Transit Authority c/b/a Via Metropolitan Transit
Judge
Veronica Vasquez

Key Dates

Mandamus petition filed
2026-03-02
Motion to stay filed
2026-03-03
Opinion delivered and filed
2026-04-15

What You Should Do Next

  1. 1

    Consult appellate counsel

    Relators should consult an appellate attorney promptly to evaluate whether other remedies or a renewed mandamus petition based on additional facts are available.

  2. 2

    Continue participation in underlying proceedings

    Because no stay was granted, relators should be prepared to proceed in the probate court and comply with deadlines and orders there.

  3. 3

    Consider alternate appellate remedies

    Explore whether an appeal from a final order in the probate court or other interlocutory relief is appropriate based on the case posture and counsel's advice.

Frequently Asked Questions

What did the court decide?
The appellate court denied the petition for a writ of mandamus and denied the request for temporary relief as moot.
Who is affected by this decision?
The relators (AGON4, LLC and Texas Premium Beverage Corp.) and the parties to the underlying probate case, including the San Antonio Metropolitan Transit Authority.
What happens next in the underlying case?
Because the stay request was denied as moot, the underlying probate-court proceedings may continue unless the probate court issues a separate stay or another appellate court orders relief.
Can this decision be appealed?
Mandamus denials are typically final as to that extraordinary remedy, but relators may seek other appellate relief or file a new petition if circumstances change; they should consult counsel about available options.

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. 04-26-00164-CV

                     IN RE AGON4, LLC and Texas Premium Beverage Corp.

                                           Original Proceeding 1

PER CURIAM

Sitting:          Rebeca C. Martinez, Chief Justice
                  Irene Rios, Justice
                  Adrian A. Spears II, Justice

Delivered and Filed: April 15, 2026

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

           Relators, AGON4, LLC and Texas Premium Beverage Corp., filed their petition for writ

of mandamus and accompanying record on March 2, 2026. On March 3, 2026, relators filed a

motion to stay the underlying proceedings pending resolution of the petition for writ of mandamus.

Having considered the petition, motion, and accompanying record, this court has determined that

relators have not established that they are entitled to the relief requested. See TEX. R. APP. P.

52.8(a). The petition for writ of mandamus is denied. The motion for temporary relief is denied as

moot.

                                                       PER CURIAM



1
 This proceeding arises out of Cause No. 2025-ED2-00018, styled San Antonio Metropolitan Transit Authority c/b/a
Via Metropolitan Transit v. AGON4, LLC, pending in the Probate Court No. 2, Bexar County, Texas, the Honorable
Veronica Vasquez presiding.