In Re Bailey G. Wingate v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledSeptember 11, 2026
Docket09-26-00369-CV
StatusPublished
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Full Opinion
fIn The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00369-CV
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IN RE BAILEY G. WINGATE
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Original Proceeding
279th District Court of Jefferson County, Texas
Trial Cause No. 26DCFM0843
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MEMORANDUM OPINION
Relator Bailey G. Wingate seeks mandamus and temporary relief from a
temporary order in a suit for divorce from Real Party in Interest Lauren Nicole
Wingate. Relator complains that the trial court ordered temporary spousal support
that is not authorized by the parties’ premarital agreement and ordered Relator to
deliver the 2022 Lincoln Navigator referred to in the premarital agreement
notwithstanding the parties’ prior written Rule 11 Agreement allowing Relator to
deliver a 2015 Lincoln Navigator as a suitable replacement vehicle.
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We may issue a writ of mandamus to remedy a clear abuse of discretion by
the trial court when the relator lacks 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). “An
abuse of discretion occurs when a trial court’s ruling is arbitrary and unreasonable,
made without regard for guiding legal principles or supporting evidence.” In re
Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding). A
trial court also abuses its discretion if it fails to correctly analyze or apply the law,
because a trial court has no discretion in determining what the law is or in applying
the law to the facts. See Prudential, 148 S.W.3d at 135; Walker, 827 S.W.2d at 840.
Generally, while a suit for dissolution of a marriage is pending, the court may
require payments to be made for the support of a spouse. See Tex. Fam. Code Ann.
§ 6.502(a)(2).
The parties to a premarital agreement may contract with respect to “the rights
and obligations of each of the parties in any of the property of either or both of them
and whenever and wherever acquired or located []” and “modification or elimination
of spousal support.” Id. § 4.003(a)(1)(4). The party seeking to avoid enforcement of
a premarital agreement bears the burden of proof that the agreement is invalid or
unconscionable. See id. § 4.006.
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The mandamus record shows that the trial court deferred ruling on the
enforcement of the premarital agreement to a hearing scheduled for October 26,
2026, after the parties have had an opportunity to complete discovery on the matter.
On this record, Relator has not shown that he is entitled to mandamus relief.
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 September 10, 2026
Opinion Delivered September 11, 2026
Before Golemon, C.J., Johnson and Chambers, JJ.
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