In Re Katherine Carlson, Cody Breunig, USA Waste Management Resources, LLC, and Kimberly G. Stith v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 16, 2026
Docket01-25-00974-CV
StatusPublished
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Full Opinion
Opinion issued July 16, 2026
In The
Court of Appeals
For The
First District of Texas
โโโโโโโโโโโโ
NO. 01-25-00974-CV
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IN RE KATHERINE CARLSON, CODY BREUNIG, USA
WASTE-MANAGEMENT RESOURCES, LLC, AND KIMBERLY G.
STITH, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Katherine Carlson, Cody Breunig, USA-Waste Management
Resources, LLC, and Kimberly G. Stith, filed a petition for writ of mandamus
challenging the trial courtโs September 25, 2025 order denying relatorsโ motion to
dismiss pursuant to Texas Rule of Civil Procedure 91a and November 5, 2025 order
denying relatorsโ motion to reconsider.1 On the motion of relators, on June 15, 2026,
the Court stayed all proceedings in the underlying trial court cause pending
consideration of relatorsโ petition for writ of mandamus.
We lift the stay imposed by our June 15, 2026 order and deny relatorsโ petition
for writ of mandamus. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Gunn, and Guiney.
1
The underlying case is J.K. Moore v. Katherine Carlson, Cody Breunig, USA
Waste-Management Resources, LLC, Planned Parenthood of Greater Texas,
Planned Parenthood Gulf Coast, and Kimberly G. Stith, Cause No. 25-CV-0838, in
the 212th District Court of Galveston County, Texas, the Honorable Patricia Grady
presiding.
2