In Re John F. Ross v. the State of Texas
Docket 02-26-00267-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 02-26-00267-CV
Original proceeding: petition for writ of mandamus and motion for emergency stay filed in the Court of Appeals challenging action by the 16th District Court of Denton County (Trial Court No. 17-3559-16).
Summary
The Second Court of Appeals in Fort Worth considered John F. Ross’s petition for a writ of mandamus and an emergency stay arising from a Denton County trial-court matter (No. 17-3559-16). After review, the appellate court denied both the mandamus petition and the emergency stay in a per curiam memorandum opinion delivered May 1, 2026. The court provided no extended memorandum of reasons in this short opinion and therefore simply denied the requested extraordinary relief.
Issues Decided
- Whether relator was entitled to a writ of mandamus to compel or prohibit action by the trial court
- Whether relator was entitled to an emergency stay pending resolution of the mandamus petition
Court's Reasoning
The per curiam memorandum opinion states only the court considered the petition and motion and concluded relief should be denied. Because the opinion is brief and provides no detailed analysis, the court effectively applied the standard governing extraordinary relief and found the relator did not meet the requirements for a writ or stay. No specific factual or legal findings were included in the published memorandum.
Parties
- Relator
- John F. Ross
- Judge
- Per Curiam (Sudderth, C.J.; Wallach and Walker, JJ.)
Key Dates
- Opinion delivered
- 2026-05-01
What You Should Do Next
- 1
Consult counsel about further review
If relator wishes to continue, consult an attorney promptly about whether to seek discretionary review from the Texas Supreme Court and the timing and grounds required for such an application.
- 2
Proceed in the trial court
Because the emergency stay was denied, relator should be prepared to comply with or respond to any trial-court deadlines or actions in case No. 17-3559-16.
- 3
Request written reasons (if needed)
If clarification is necessary, counsel may seek any available motions for clarification or consider filing a motion for rehearing in the appellate court within the applicable deadline.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals denied the petition for a writ of mandamus and the request for an emergency stay.
- Who is affected by this decision?
- Relator John F. Ross is directly affected because his request for extraordinary relief was denied; the underlying trial-court matter in Denton County proceeds without the requested appellate intervention.
- Does the opinion explain why relief was denied?
- No. The memorandum opinion states only that the court considered the filings and denied relief, without a detailed explanation of the court’s reasoning.
- Can this denial be appealed?
- Denial of a mandamus petition by the intermediate appellate court is generally not further appealable as of right to that court; the relator may consider seeking review by the Texas Supreme Court, subject to that court’s jurisdiction and discretionary review rules.
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. 02-26-00267-CV
___________________________
IN RE JOHN F. ROSS, Relator
Original Proceeding
16th District Court of Denton County, Texas
Trial Court No. 17-3559-16
Before Sudderth, C.J.; Wallach and Walker, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
The court has considered relator’s petition for writ of mandamus and motion
for emergency stay and is of the opinion that relief should be denied. Accordingly,
relator’s petition for writ of mandamus and motion for emergency stay are denied.
Per Curiam
Delivered: May 1, 2026
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