Summary
Relators R.F. and E.F. sought a writ of mandamus challenging a district court order directing the issuance of a writ of attachment for a child and compelling rulings on related motions. The First Court of Appeals of Texas denied the petition and all additional requests for relief.
Topics
Practice areas
Questions Presented
- Whether the Court of Appeals should grant mandamus relief challenging the district court's order for issuance of a writ of attachment.
- Whether the Court of Appeals should compel the district court to rule on relators' Verified Plea to the Jurisdiction and Emergency Motion to Quash Writ of Attachment, to Vacate Order, and for Immediate Return.
- Whether the Court of Appeals should grant temporary relief, including a stay of enforcement of the writ of attachment.
Holdings
- The Court of Appeals denied the petition for writ of mandamus.
- The Court of Appeals denied all additional requests for relief contained in the petition, including requests to compel rulings and requests for temporary relief.
Factual background
The underlying proceeding concerns a child, A.F., in the 313th District Court of Harris County. The district court entered an April 30, 2026 order providing for immediate issuance of a writ of attachment commanding a sheriff or constable to take possession of the child and deliver the child to the Department of Family and Protective Services. R.F. and E.F. challenged that order through a petition for writ of mandamus.
Procedural history
Relators challenged the district court's April 30, 2026 order directing the immediate issuance of a writ of attachment for a child and delivery of the child to the Department of Family and Protective Services. They also sought orders compelling the district court to rule on jurisdictional and emergency motions and requested temporary relief, including a stay. The Court of Appeals denied the petition and all additional requests for relief.