In Re Caroline Allen and Jacob Allen v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 9, 2026
Docket09-26-00416-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-26-00416-CV
__________________
IN RE CAROLINE ALLEN AND JACOB ALLEN
__________________________________________________________________
Original Proceeding
457th District Court of Montgomery County, Texas
Trial Cause No. 25-04-05460
__________________________________________________________________
MEMORANDUM OPINION
Relators Caroline Allen and Jacob Allen filed a petition for a writ of
mandamus and a motion for temporary relief. See Tex. R. App. P. 52.1, 52.10. The
trial court denied Relators’ request to extend the discovery period and scheduled
submission for a motion for summary judgment for October 9, 2026. Relators
contend the trial court abused its discretion by denying their motion to extend the
discovery period so they could conduct additional discovery directed toward their
Dram Shop Act claim against Real Party in Interest Sixty Vines Woodlands, LLC
(“Sixty Vines”). Relators contend they lack an adequate remedy by appeal because
1
the appellate record cannot contain testimony and data the trial court never permitted
Relators to obtain.
Relators joined Sixty Vines as a dram shop defendant in December 2025. The
Docket Control Order signed March 16, 2026, closed the discovery period on July
28, set an August 27 summary judgment deadline, and an October 26 trial date. On
August 3, Relators filed a Motion for Leave to Extend the Discovery Deadlines.
Relators maintained they exercised due diligence in obtaining discovery and they
asserted good cause existed because they first developed targeted discovery requests
after the July 14 deposition of the person who served food and alcohol to Real Party
in Interest Athena Foster and her fellow patrons.
On August 27, Sixty Vines filed a Traditional and No-Evidence Motion for
Summary Judgment. On August 28, the trial court denied Relators’ Motion for Leave
to Extend the Discovery Deadlines. On September 15, Relators asked the trial court
to reconsider its ruling, or in the alternative to grant a continuance, and subject to
that motion filed their response to the motion for summary judgment. On October 2,
the trial court denied Relators’ motion for reconsideration.
We may issue a writ of mandamus to remedy a clear abuse of discretion by
the trial court when the relators lack an adequate remedy by appeal. See In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After
2
reviewing the mandamus petition and record, we conclude that Relators have failed
to establish that they lack an adequate remedy by appeal. Accordingly, we deny the
petition for a writ of mandamus and the motion for temporary relief. See Tex. R.
App. P. 52.8(a), 52.10.
PETITION DENIED.
PER CURIAM
Submitted on October 8, 2026
Opinion Delivered October 9, 2026
Before Johnson, Wright and Chambers, JJ.
3