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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

OtherDenied
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. 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. 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. 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.