In re M.S.

Summary

The Texas Court of Appeals for the Second District denied the mother's petition for a writ of mandamus seeking to vacate a temporary orders ruling and obtain sole managing conservatorship of her child. The court held that she failed to exercise diligence because she waited approximately eight months after the written order, and fourteen months after the oral ruling, to seek mandamus relief. The court also noted that she had not sought to set her underlying modification petition for a final hearing.

Holdings

1. A relator's undue or unreasonable delay in asserting a right may waive entitlement to mandamus relief unless the delay is justified, because equitable principles governing mandamus require diligence.
2. Mother was not entitled to mandamus relief because she failed to exercise diligence in challenging the trial court's ruling.

Questions Presented

1. Whether Mother was entitled to mandamus relief compelling the trial court to vacate its May 2025 temporary-orders order.
2. Whether Mother's delay in seeking mandamus relief was unreasonable and therefore barred relief under the equitable diligence requirement.

Disposition

writ_denied