What did the court decide?

The court denied the petition for a writ of mandamus and dismissed motions included with the petition as moot.

Who is affected by this decision?

The decision affects the relator, Shawn Eric McGee, who sought the writ, and any parties in the underlying trial-court proceeding who would have been impacted by the requested relief.

Because the mandamus petition was denied, the relator remains without the requested appellate relief; any further action would require filing the correct separate documents or pursuing other available remedies.

Can this be appealed?

Mandamus denials by an intermediate appellate court are typically not separately appealable to that same court; the relator may consider other procedural options such as seeking relief from the Texas Supreme Court or ensuring proper filings in the trial court if appropriate.

In Re Shawn Eric McGee v. the State of Texas

Docket 10-26-00129-CV

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

OtherDenied

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 10th District (Waco)
Type: Lead Opinion
Case type: Other
Disposition: Denied
Docket: 10-26-00129-CV

Original proceeding: petition for writ of mandamus filed in the Tenth Appellate District of Texas

Summary

The Texas Tenth Court of Appeals denied Shawn Eric McGee’s petition for a writ of mandamus filed April 10, 2026. The court issued a short memorandum opinion stating the petition is denied and that motions included with the petition are dismissed as moot. The opinion notes that the relator also attempted to file a notice of appeal in the same document and reminds that a separate notice of appeal must be filed when a proceeding becomes final in the trial court. The decision was delivered and filed April 16, 2026.

Issues Decided

Whether the relator was entitled to a writ of mandamus from the Tenth Court of Appeals
Whether motions included within the mandamus petition should be addressed or dismissed as moot
Whether a notice of appeal may be filed in the same document as a petition for mandamus

Court's Reasoning

The court issued a brief memorandum disposition without extended factual or legal analysis, simply denying the mandamus petition. Because the court denied relief, any ancillary motions submitted with the petition are moot and were dismissed. The court also reminded the relator of the procedural requirement that a notice of appeal must be filed separately when a trial-court proceeding becomes final.

Parties

Relator: Shawn Eric McGee
Judge: Chief Justice Johnson
Judge: Justice Smith
Judge: Justice Harris

Key Dates

petition filed: 2026-04-10
opinion delivered and filed: 2026-04-16

What You Should Do Next

1
Consult an attorney
Discuss with counsel whether to seek mandamus relief from the Texas Supreme Court, pursue available trial-court remedies, or correct procedural defects noted by the court.
2
File a separate notice of appeal if appropriate
If the underlying proceeding becomes final and an appeal is intended, file a separate notice of appeal rather than including it in another filing, per the court's reminder.
3
Assess and refile necessary motions
If any urgently needed motions were dismissed as moot because of this disposition, determine whether they should be refiled in the proper forum or at the proper stage of the proceedings.

Frequently Asked Questions

What did the court decide?: The court denied the petition for a writ of mandamus and dismissed motions included with the petition as moot.
Who is affected by this decision?: The decision affects the relator, Shawn Eric McGee, who sought the writ, and any parties in the underlying trial-court proceeding who would have been impacted by the requested relief.
What happens next?: Because the mandamus petition was denied, the relator remains without the requested appellate relief; any further action would require filing the correct separate documents or pursuing other available remedies.
Can this be appealed?: Mandamus denials by an intermediate appellate court are typically not separately appealable to that same court; the relator may consider other procedural options such as seeking relief from the Texas Supreme Court or ensuring proper filings in the trial court if appropriate.

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

Court of Appeals
                        Tenth Appellate District of Texas

                                        10-26-00129-CV


                                  In re Shawn Eric McGee



                                     Original Proceeding

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

                             MEMORANDUM OPINION

        The petition for a writ of mandamus filed on April 10, 2026, is denied.

See TEX. R. APP. P. 52.8(d). Relator’s motions included within the petition are

dismissed as moot. 1



                                                         MATT JOHNSON
                                                         Chief Justice

OPINION DELIVERED and FILED: April 16, 2026
Before Chief Justice Johnson,
       Justice Smith, and
       Justice Harris
Denied;
Motions dismissed as moot
OT06




1 Relator also appears to be attempting to file a notice of appeal in the same document as the petition.

A separate notice of appeal must be filed when a proceeding becomes final in the trial court.