In Re Shelby Gore and Jordan Gore v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledAugust 6, 2026
Docket09-26-00299-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00299-CV
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IN RE SHELBY GORE AND JORDAN GORE
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Original Proceeding
58th District Court of Jefferson County, Texas
Trial Cause No. 26DCCV0558
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MEMORANDUM OPINION
Relators Shelby Gore and Jordan Gore petition for a writ of mandamus
directing the trial court to vacate the June 25, 2026 order denying their Motion to
Compel Disclosures and sign an order compelling Real Parties in Interest Taylor
Davis and Surfaces X TD, LLC to serve amended disclosures.
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). “A trial
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court clearly abuses its discretion if it reaches a decision so arbitrary and
unreasonable as to amount to a clear and prejudicial error of law.” Walker, 827
S.W.2d at 839 (internal quotations omitted). 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.
We determine the adequacy of an appellate remedy by balancing the benefits
of mandamus review against the detriments, considering whether extending
mandamus relief will preserve important substantive and procedural rights from
impairment or loss. In re Team Rocket, L.P., 256 S.W.3d 257, 262 (Tex. 2008) (orig.
proceeding).
We conclude that at this stage of the litigation and on this record, the Relators
have not shown that they are entitled to mandamus relief. Accordingly, we deny the
petition for a writ of mandamus and any request for temporary relief. See Tex. R.
App. P. 52.8(a); 52.10(a).
PETITION DENIED.
PER CURIAM
Submitted on August 5, 2026
Opinion Delivered August 6, 2026
Before Johnson, Wright and Chambers, JJ.
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