In Re Tamer F. Morsi v. the State of Texas
Docket 04-26-00334-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 04-26-00334-CV
Original mandamus proceeding seeking review of trial-court action in Cause No. 2024-CI-25242 in the 45th Judicial District Court, Bexar County, Texas.
Summary
The Fourth Court of Appeals in San Antonio denied a petition for a writ of mandamus filed by Tamer F. Morsi on April 23, 2026, challenging proceedings in a Bexar County district court case. The appellate court held that Morsi did not show the trial court clearly abused its discretion or violated a duty imposed by law, nor that he lacked an adequate appellate remedy. Because the petition failed to meet the high standard for extraordinary relief, the court denied the mandamus petition and found the request for temporary relief moot.
Issues Decided
- Whether the trial court clearly abused its discretion or violated a duty imposed by law such that a writ of mandamus is warranted.
- Whether the relator has an adequate remedy by appeal, making mandamus inappropriate.
Court's Reasoning
The court applied the established standard for mandamus relief: the relator must show a clear abuse of discretion or violation of a legal duty and lack of an adequate appellate remedy. After reviewing the petition and record, the court concluded the relator did not satisfy that demanding standard. Because the threshold for extraordinary relief was not met, the petition was denied and the request for temporary relief was rendered moot.
Authorities Cited
- Walker v. Packer827 S.W.2d 833 (Tex. 1992)
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 52.8(a)
Parties
- Petitioner
- Tamer F. Morsi
- Respondent
- Golden Energy LLC
- Judge
- Mary Lou Alvarez
Key Dates
- Opinion delivered and filed
- 2026-04-23
- Mandamus petition filed
- 2026-04-23
What You Should Do Next
- 1
Consult appellate counsel
Talk with an attorney about whether there is an adequate and preferable route on direct appeal or whether to seek review from the Texas Supreme Court.
- 2
Proceed in the trial court
Because mandamus relief was denied, continue to litigate or pursue available remedies in the underlying 45th Judicial District Court proceeding.
- 3
Consider petition for review
If counsel believes there are extraordinary circumstances or important legal issues, consider whether to petition the Texas Supreme Court for review of the mandamus denial.
Frequently Asked Questions
- What did the court decide?
- The appellate court denied the petition for a writ of mandamus and denied the emergency motion for temporary relief as moot.
- Who is affected by this decision?
- Relator Tamer F. Morsi is directly affected because his request for extraordinary relief was denied; the underlying district-court proceedings proceed as before.
- What does 'mandamus' mean here?
- Mandamus is an extraordinary court order used to compel a lower court to perform a legal duty or to correct a clear abuse of discretion; the court found the standard for that relief was not met.
- Can this decision be appealed?
- Denial of mandamus by an intermediate court is generally not further appealable except by petition for review to the Texas Supreme Court; consult counsel about whether to seek further review.
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. 04-26-00334-CV
IN RE Tamer F. MORSI
Original Proceeding 1
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: April 23, 2026
PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR
TEMPORARY RELIEF DENIED AS MOOT
On April 23, 2026, relator filed a petition for writ of mandamus and emergency motion for
temporary stay. Mandamus is an extraordinary remedy, available only when the relator can show
(1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is
no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)
(orig. proceeding). After considering the petition and the record, this court concludes relator has
not shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus
is DENIED. See TEX. R. APP. P. 52.8(a). Relator’s motion for temporary relief is DENIED AS
MOOT.
PER CURIAM
1
This proceeding arises out of Cause No. 2024-CI-25242, styled Tamer F. Morsi v. Golden Energy LLC., pending in
the 45th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.