In Re Latonya Shand and Renford D. Balfour v. the State of Texas
Docket 01-26-00394-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 01-26-00394-CV
Original mandamus proceeding asking this Court to compel a district court to rule on motions and to issue an emergency stay in an underlying foreclosure/execution case.
Summary
The Court of Appeals (First District of Texas) denied a petition for writ of mandamus filed April 16, 2026 by Latonya Shand and Renford D. Balfour. The relators asked the court to compel the district court to rule on their combined motion for new trial, stay of judgment, and waiver of bond (allegedly filed March 27, 2026 and heard April 14, 2026). They also sought an emergency stay of execution and foreclosure proceedings in the underlying Harris County case. The court denied the mandamus petition and all related emergency relief.
Issues Decided
- Whether this court should issue a writ of mandamus to compel the district court to rule on the relators' combined motion for new trial, stay of judgment, and waiver of bond.
- Whether an emergency stay of execution and foreclosure proceedings should be granted pending resolution of the relators' motion.
Court's Reasoning
The court disposed of the petition by denying it and refused to grant any of the requested emergency relief. The opinion is a short memorandum ruling and does not state extended factual or legal analysis; the court therefore concluded the relators were not entitled to mandamus relief or an emergency stay based on the materials and arguments presented. Because mandamus is an extraordinary remedy, the relators failed to carry the burden required to obtain it here.
Parties
- Relator
- Latonya Shand
- Relator
- Renford D. Balfour
- Respondent
- Windstone Colony Community Association, Inc.
- Judge
- Denise Brown
Key Dates
- Opinion issued
- 2026-04-17
- Mandamus petition filed in this Court
- 2026-04-16
- Relators allege motion filed in district court
- 2026-03-27
- Relators allege district-court hearing occurred
- 2026-04-14
What You Should Do Next
- 1
Consult counsel immediately
Relators should contact their attorney to review the district court docket and determine whether to refile motions, request prompt rulings, or pursue other emergency relief.
- 2
Consider filing for rehearing or other appellate relief
If appropriate, relators can consult counsel about seeking rehearing in the appellate court or pursuing other appellate remedies within applicable time limits.
- 3
Monitor and respond to underlying proceedings
Because the stay was denied, relators should monitor any execution or foreclosure activity and take immediate steps to protect their interests, such as seeking a district-court stay or posting bond if required.
Frequently Asked Questions
- What did the court decide?
- The court denied the petition for a writ of mandamus and refused to grant the requested emergency stay of execution or foreclosure.
- Who is affected by this decision?
- Relators Latonya Shand and Renford D. Balfour, the Windstone Colony Community Association, and the district court proceedings in Harris County are affected because the requested relief was denied.
- What happens next in the underlying case?
- Because the appellate court denied the emergency stay, any execution or foreclosure proceedings in the underlying Harris County case may proceed unless the district court itself grants a stay or another appellate court intervenes.
- Can the relators seek further relief?
- They may consider seeking rehearing in this court, filing an appeal if applicable, or returning to the district court to renew or clarify their motion; they should consult counsel to identify available options and deadlines.
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
Opinion issued April 17, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00394-CV
———————————
IN RE LATONYA SHAND AND RENFORD D. BALFOUR, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On April 16, 2026, Relators Latonya Shand and Renford D. Balfour filed a
petition for writ of mandamus requesting that this Court compel the district court to
rule on their “Combined Motion for New Trial, Stay of Judgment and Waiver of
Bond,” which Relators purport was filed on March 27, 2026 and heard by the district
court at a hearing held on April 14, 2026.1 Relators’ mandamus petition further
requests that this Court grant an emergency stay of “all execution and foreclosure
proceedings in the underlying case.”
We deny the petition for writ of mandamus. All pending motions and requests
for relief related to the petition, including Relators’ request for an emergency stay,
are denied.
PER CURIAM
Panel consists of Justices Gunn, Caughey, and Morgan.
1
The underlying case is Windstone Colony Community Association, Inc. v. Latonya
Shand and Renford D. Balfour, cause number 2024-75760, pending in the 127th
District Court of Harris County, Texas, the Honorable Denise Brown presiding.
2