What did the court decide?

The court denied the petition for writ of mandamus and also denied the emergency temporary relief motions as moot.

Who is affected by this decision?

The relators, Goliath Building Services, Inc. and Joshua N. Marsalis, are affected because their request for extraordinary relief was denied; the underlying county-court proceedings continue.

What happens next in the underlying case?

The underlying Bexar County court case proceeds; the relators may pursue any available remedies in that case or consider other appellate options if appropriate.

Can this decision be appealed?

Mandamus denials are generally not appealable in the same way as final judgments, but the relators could seek rehearing from this court or consider other procedural options with counsel.

In Re Goliath Building Services Inc. and Joshua N. Marsalis v. the State of Texas

Docket 04-26-00235-CV

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

OtherDenied

Filed: Apr 8, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Other
Disposition: Denied
Docket: 04-26-00235-CV

Original proceeding: petition for writ of mandamus and motion for emergency temporary relief challenging actions in a Bexar County civil case

Summary

The Fourth Court of Appeals in San Antonio denied a petition for a writ of mandamus filed by Goliath Building Services, Inc. and Joshua N. Marsalis challenging proceedings in a Bexar County court. The relators had also sought emergency temporary relief; the court found they had not shown entitlement to the requested extraordinary relief and therefore denied the mandamus petition. Because the mandamus petition was denied, the court also denied the emergency temporary relief motions as moot. The decision is a short per curiam memorandum opinion.

Issues Decided

Whether relators established entitlement to a writ of mandamus to compel action or overturn proceedings in the county court
Whether emergency temporary relief should be granted pending resolution of the mandamus petition

Court's Reasoning

The court concluded the relators did not meet the required showing for extraordinary relief under the applicable appellate rule, meaning they failed to demonstrate there was no adequate remedy by appeal or that mandamus was appropriate. Because the primary petition for mandamus was denied, the requested emergency temporary relief became unnecessary and was denied as moot. The opinion cites the standard for mandamus relief under the appellate rules.

Authorities Cited

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

Parties

Petitioner: Goliath Building Services, Inc.
Petitioner: Joshua N. Marsalis
Respondent: Daniel Juarez
Judge: Cesar Garcia

Key Dates

Mandamus petition filed: 2026-03-24
Supplemental petition filed: 2026-03-26
Opinion delivered and filed: 2026-04-08

What You Should Do Next

1
Consult appellate counsel
Relators should consult their lawyer to evaluate whether to file a motion for rehearing in the Court of Appeals or pursue alternative relief in the trial court or higher appellate courts.
2
Proceed in the trial court
Prepare to continue defending or advancing positions in the underlying Bexar County case now that extraordinary relief has been denied.
3
Evaluate other procedural remedies
Discuss with counsel whether there are other available procedural options, such as interlocutory appeal (if available) or preservation for appeal after final judgment.

Frequently Asked Questions

What did the court decide?: The court denied the petition for writ of mandamus and also denied the emergency temporary relief motions as moot.
Who is affected by this decision?: The relators, Goliath Building Services, Inc. and Joshua N. Marsalis, are affected because their request for extraordinary relief was denied; the underlying county-court proceedings continue.
What happens next in the underlying case?: The underlying Bexar County court case proceeds; the relators may pursue any available remedies in that case or consider other appellate options if appropriate.
Can this decision be appealed?: Mandamus denials are generally not appealable in the same way as final judgments, but the relators could seek rehearing from this court or consider other procedural options with counsel.

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. 04-26-00235-CV

IN RE GOLIATH BUILDING SERVICES INC. and Joshua N. Marsalis

Original Proceeding 1

PER CURIAM

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

Delivered and Filed: April 8, 2026

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

Relators, Goliath Building Services, Inc. and Joshua N. Marsalis, filed their petition for

writ of mandamus, mandamus record, motion for emergency temporary relief, and corrected

motion for emergency temporary relief on March 24, 2026. On March 26, 2026, relators filed a

supplemental petition for writ of mandamus, supplemental record, and supplemental emergency

motion for temporary relief. Having considered the petition, supplemental petition, motions, and

record, we have determined that relators have not established that they are entitled to the relief

requested. See TEX. R. APP. P. 52.8(a). The petition and supplemental petition for writ of

1
This proceeding arises out of Cause No. 2022-CV-05883, styled Daniel Juarez v. Goliath Building Services, Inc.,
pending in the County Court at Law No. 10, Bexar County, Texas, the Honorable Cesar Garcia presiding.
04-26-00235-CV

mandamus are denied. The motion and supplemental motion for emergency temporary relief are

denied as moot.

PER CURIAM

-2-