In Re DNOW L.P. v. the State of Texas
Docket 04-26-00280-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 04-26-00280-CV
Original mandamus proceeding challenging actions in state district-court cases (Mattea Mansell v. DNOW, L.P.)
Summary
The Fourth Court of Appeals in San Antonio denied DNOW L.P.'s petition for a writ of mandamus and denied as moot its emergency stay motion. DNOW filed the petition, record, and emergency motion on April 6, 2026, but the court found the filings did not comply with Texas Rules of Appellate Procedure 52.3(k) and 52.7 and determined DNOW had not shown entitlement to mandamus relief under rule 52.8(a). The underlying state-court matters concern Mattea Mansell v. DNOW, L.P., pending in Zavala County district court.
Issues Decided
- Whether DNOW was entitled to a writ of mandamus as filed
- Whether an emergency stay should issue pending resolution of the mandamus petition
- Whether the petition and record complied with Texas Rules of Appellate Procedure 52.3(k) and 52.7
Court's Reasoning
The court found DNOW's petition and the record did not comply with required appellate rules, and DNOW failed to establish entitlement to mandamus relief under the governing rule. Because petitioners did not meet the procedural and substantive requirements for extraordinary relief, the court denied the writ. The emergency stay request was rendered moot by denial of the petition.
Authorities Cited
- Texas Rule of Appellate Procedure 52.3(k)
- Texas Rule of Appellate Procedure 52.7
- Texas Rule of Appellate Procedure 52.8(a)
Parties
- Relator
- DNOW L.P.
- Petitioner
- DNOW L.P.
- Respondent
- Mattea Mansell
- Judge
- Maribel Flores
Key Dates
- Filed petition and motion
- 2026-04-06
- Opinion delivered and filed
- 2026-04-09
What You Should Do Next
- 1
Consult appellate counsel
Have counsel review the deficiencies cited (TRAP 52.3(k) and 52.7) and advise whether to refile a compliant mandamus petition or pursue other remedies.
- 2
Consider correcting and refiling
If appropriate, prepare a revised petition and complete record that conform to the appellate rules before refiling to address the court's procedural concerns.
- 3
Continue defense in district court
Because the emergency stay was denied as moot and mandamus was denied, ensure compliance with any district-court deadlines and proceedings in Mattea Mansell v. DNOW, L.P.
Frequently Asked Questions
- What did the court decide?
- The appellate court denied DNOW's request for a writ of mandamus and denied the emergency stay as moot.
- Why was the petition denied?
- The court concluded the petition and accompanying record did not comply with required appellate rules and that DNOW did not show it was entitled to mandamus relief.
- Who is affected by this decision?
- DNOW L.P. is directly affected because its request for extraordinary relief was denied; the underlying district-court case involving Mattea Mansell remains pending.
- Can DNOW try again or appeal?
- DNOW may be able to correct procedural defects and refile or seek other relief, but mandamus is discretionary; consulting counsel to evaluate further appellate or procedural options is advisable.
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. 04-26-00280-CV
IN RE DNOW L.P.
Original Proceeding 1
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: April 9, 2026
PETITION FOR WRIT OF MANDAMUS DENIED; MOTION FOR EMERGENCY STAY
DENIED AS MOOT
Relator, DNOW L.P., filed its petition for writ of mandamus, accompanying record, and
motion for emergency stay on April 6, 2026. The petition and record fail to comply with rules
52.3(k) and 52.7. Having considered the petition, motion, and the record provided, this court has
determined that DNOW has not established that it is entitled to the relief requested. See TEX. R.
APP. P. 52.8(a). The petition for writ of mandamus is denied. The motion for emergency stay is
denied as moot.
PER CURIAM
1
This proceeding arises out of Cause No. 25-04-015590-ZCV c/w 25-05-15604-ZCV, styled Mattea Mansell v.
DNOW, L.P., pending in the 293rd Judicial District Court, Zavala County, Texas, the Honorable Maribel Flores
presiding.