In re Byron Collins

Summary

The First Court of Appeals of Texas denied Byron Collins’s petition for a writ of mandamus seeking to compel the trial court to rule on his emergency motion concerning enforcement of a November 26, 2025 order. The court also dismissed as moot his emergency motion to stay a scheduled deposition.

Holdings

1. The relator failed to establish that he was entitled to mandamus relief, so the court denied the petition for writ of mandamus.
2. The court dismissed the emergency motion for stay, along with any other pending motions, as moot.

Questions Presented

1. Whether the court of appeals should issue a writ of mandamus directing the trial court to rule immediately on Collins's emergency motion to enforce or clarify the November 26, 2025 order.
2. Whether Collins's emergency motion for a stay of the deposition should be granted while the mandamus petition was under review.

Disposition

writ_denied