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In Re Barbara Ann Johnson v. the State of Texas

Docket 04-26-00289-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
04-26-00289-CV

Original mandamus proceeding reviewing a petition filed by Barbara Ann Johnson seeking extraordinary relief in a pending district-court case (Cause No. 2026CI02677).

Summary

The Fourth Court of Appeals in San Antonio denied Barbara Ann Johnson’s petition for a writ of mandamus filed April 8, 2026. The court reviewed the petition and record and concluded Johnson did not meet the standards required for mandamus relief under the Texas Rules of Appellate Procedure. The opinion is brief, states the denial without extended discussion, and notes the underlying case is pending in the 131st Judicial District Court of Bexar County before Judge Nicole Garza.

Issues Decided

  • Whether relator Barbara Ann Johnson showed entitlement to mandamus relief from the district court's action or inaction
  • Whether the record and petition satisfied the standards for issuance of a writ of mandamus under the Texas Rules of Appellate Procedure

Court's Reasoning

The court examined the petition and the record and determined that Johnson failed to establish she was entitled to the extraordinary relief she sought. The opinion cites the standard in Texas Rule of Appellate Procedure 52.8(a) and, applying that rule to the materials provided, found the requirements for mandamus were not met. Because the relator did not carry her burden, the petition was denied.

Authorities Cited

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

Parties

Petitioner
Barbara Ann Johnson
Respondent
Carmen Maria Johnson
Judge
Nicole Garza

Key Dates

Mandamus petition filed
2026-04-08
Opinion delivered and filed
2026-04-22

What You Should Do Next

  1. 1

    Consult an appellate attorney

    Discuss whether a motion for rehearing or a petition for review to the Texas Supreme Court is appropriate and identify any additional record or arguments that could support relief.

  2. 2

    Proceed in district court

    Continue litigating the underlying Cause No. 2026CI02677 in the 131st Judicial District Court, Bexar County, in the absence of mandamus relief.

  3. 3

    Evaluate record adequacy

    If seeking further appellate relief, assemble a fuller record and evidence showing entitlement to extraordinary relief to address the deficiencies noted by the court.

Frequently Asked Questions

What did the court decide?
The appellate court denied Barbara Ann Johnson's petition for a writ of mandamus, meaning it refused to order extraordinary relief based on the showing made.
Who is affected by this decision?
The decision directly affects Barbara Ann Johnson (the relator) and Carmen Maria Johnson (the opposing party) in the district-court case pending in Bexar County.
What happens next in the underlying case?
The district-court proceedings continue as before because the appellate court did not grant mandamus relief to change or direct the district court's action.
Can this decision be appealed?
This denial is an appellate order in an original mandamus proceeding; options may be limited, but the relator could consider seeking rehearing in the appellate court or, in some circumstances, seeking review by the Texas Supreme Court.

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. 04-26-00289-CV

                                   IN RE Barbara Ann JOHNSON

                                         Original Proceeding 1

PER CURIAM

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

Delivered and Filed: April 22, 2026

PETITION FOR WRIT OF MANDAMUS DENIED

           Relator, Barbara Ann Johnson, filed her petition for writ of mandamus on April 8, 2026.

Having considered the petition and record provided, this court has determined that Johnson has

not established that she is entitled to the relief requested. See TEX. R. APP. P. 52.8(a). The petition

for writ of mandamus is denied.

                                                    PER CURIAM




1
 This proceeding arises out of Cause No. 2026CI02677, styled Barbara Ann Johnson v. Carmen Maria Johnson,
pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable Nicole Garza presiding.