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In Re Elizabeth Case v. the State of Texas

Docket 02-26-00240-CV

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

OtherDenied
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 2nd District (Fort Worth)
Type
Lead Opinion
Case type
Other
Disposition
Denied
Docket
02-26-00240-CV

Original mandamus proceeding seeking emergency relief from an order or act of the 393rd District Court of Denton County

Summary

The Second Court of Appeals in Fort Worth considered Elizabeth Case’s original petition for a writ of mandamus and an emergency motion seeking relief from the 393rd District Court of Denton County (trial court no. 25-3863-393). The appellate court reviewed the request and denied both the petition and the emergency motion in a per curiam memorandum opinion delivered April 15, 2026. The court provided no extended written reasoning in the memorandum opinion beyond the denial.

Issues Decided

  • Whether relator was entitled to issuance of a writ of mandamus from the Court of Appeals
  • Whether relator was entitled to emergency relief pending resolution of the mandamus petition

Court's Reasoning

The memorandum opinion states the court considered the petition and emergency motion and concluded that relief should be denied. The opinion does not set out detailed legal analysis or cite specific rules; the court’s determination indicates it found the requisites for mandamus and emergency relief were not met under controlling law or record. Because the ruling is per curiam and brief, the precise legal basis for denial is not explained in the opinion.

Parties

Relator
Elizabeth Case
Judge
Birdwell, Kerr, and Womack, JJ.

Key Dates

Decision delivered
2026-04-15

What You Should Do Next

  1. 1

    Consult appellate counsel

    Discuss the options available after denial of mandamus, including whether a petition for review to the Texas Supreme Court is feasible or whether relief can be sought in the trial court.

  2. 2

    Evaluate trial-court remedies

    Review the trial-court record and orders to determine if alternative relief, motions, or an appeal after final judgment are possible strategies.

Frequently Asked Questions

What did the court decide?
The Court of Appeals denied the petition for a writ of mandamus and the emergency motion; no relief was granted.
Who is affected by this decision?
Relator Elizabeth Case is directly affected because her request for extraordinary relief was denied; the trial court’s action remains in place.
What happens next?
Absent further appellate action, the trial court’s order or action that was challenged remains in effect; relator may consider other available remedies such as filing a petition for review if applicable.
Can this decision be appealed?
Mandamus denials are generally not subject to further appeal from the intermediate appellate court, but relator might seek review by the Texas Supreme Court if appropriate and permissible.

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
In the
        Court of Appeals
Second Appellate District of Texas
         at Fort Worth
     ___________________________
          No. 02-26-00240-CV
     ___________________________

    IN RE ELIZABETH CASE, Relator




             Original Proceeding
393rd District Court of Denton County, Texas
        Trial Court No. 25-3863-393


   Before Birdwell, Kerr, and Womack, JJ.
    Per Curiam Memorandum Opinion
                            MEMORANDUM OPINION

      The court has considered relator’s petition for writ of mandamus and motion

for emergency relief and is of the opinion that relief should be denied. Accordingly,

relator’s petition for writ of mandamus and motion for emergency relief are denied.

                                                    Per Curiam

Delivered: April 15, 2026




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