In Re Rebecca Davalos v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJuly 29, 2026
Docket04-26-00505-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00505-CV
IN RE Rebecca DAVALOS
Original Mandamus Proceeding 1
Opinion by: Rebeca C. Martinez, Chief Justice
Sitting: Rebeca C. Martinez, Chief Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: July 29, 2026
PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR
TEMPORARY RELIEF DENIED AS MOOT
On June 25, 2026, relator filed a petition for writ of mandamus and an emergency motion
for temporary relief. Mandamus is an extraordinary remedy, available only when the relator can
show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2)
there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex.
1992) (orig. proceeding). After considering the petition and the record, this court concludes relator
has not shown that she is entitled to the relief sought.
1
This proceeding arises out of Cause No. 2023-CI-07893, styled In the Matter of in the Marriage of Anna Davalos
and Rebecca Davalos and in the Interest of A.R.D., a Child, pending in the 37th Judicial District Court, Bexar County,
Texas, the Honorable Tina Torres presiding.
04-26-00505-CV
Relatorโs motion for temporary relief is DENIED AS MOOT. Accordingly, the petition for
writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
Rebeca C. Martinez, Chief Justice
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