In Re Calhoun County Independent School District; Calhoun County Independent School District Board of Trustees; Bill Shrader, in His Official Capacity as President of the Board of Trustees; And Evan Cardwell, in His Official Capacity as Superintendent v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledOctober 26, 2026
Docket13-26-00690-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00690-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT;
CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT BOARD OF
TRUSTEES; BILL SHRADER, IN HIS OFFICIAL CAPACITY AS
PRESIDENT OF THE BOARD OF TRUSTEES; AND EVAN CARDWELL,
IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Justice Fonseca1
By petition for writ of mandamus, relators Calhoun County Independent School
District; Calhoun County Independent School District Board of Trustees; Bill Shrader, in
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that
addresses every issue raised and necessary to final disposition of the appeal.”); id. R. 47.4 (explaining the
differences between opinions and memorandum opinions).
his official capacity as President of the Board of Trustees; and Evan Cardwell, in his
official capacity as Superintendent, assert that the trial court abused its discretion in
various respects by issuing a temporary restraining order on October 1, 2026. This Court
granted relators’ emergency motion for temporary relief, stayed certain portions of the
temporary restraining order, and ordered the real parties in interest, Brandy Boriskie,
Melissa Gee, Lauren Griffith, Leslie Morris, Samantha Morales, Tammy Rigamonti, and
Lacey Vasquez to file a response to the petition for writ of mandamus. See TEX. R. APP.
P. 52.2, 52.4, 52.8, 52.10. After requesting a motion for extension of time, the real parties
filed their response.
Here, however, the temporary restraining order expired by its own terms as a
matter of law on October 15, 2026. See TEX. R. CIV. P. 680. Once a temporary restraining
order has expired, any challenge to the order is rendered moot. See In re Tex. Youth
Football & Cheer Ass'n, No. 13-25-00508-CV, 2025 WL 3072606, at *1 (Tex. App.—
Corpus Christi–Edinburg Nov. 3, 2025, orig. proceeding) (mem. op.); In re Perricone, No.
11-25-00078-CV, 2025 WL 1184127, at *3 (Tex. App.—Eastland Apr. 24, 2025, orig.
proceeding) (mem. op.); In re L.A.-K., 596 S.W.3d 387, 396 (Tex. App.—El Paso 2020,
no pet.). This Court cannot decide a case that has become moot. See Heckman v.
Williamson County, 369 S.W.3d 137, 162 (Tex. 2012); In re Solaris Transp., LLC, No. 04-
25-00819-CV, 2026 WL 607279, at *1 (Tex. App.—San Antonio Mar. 4, 2026, orig.
proceeding) (mem. op.).
The Court, having examined and fully considered relators’ petition for writ of
mandamus, the real parties’ response, and the applicable law, is of the opinion that this
original proceeding is moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737
2
(Tex. 2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to exist
between the parties at any stage of the legal proceedings.”); In re Nash, No. 05-25-01394-
CV, 2026 WL 386241, at *1 (Tex. App.—Dallas Feb. 11, 2026, orig. proceeding) (mem.
op.) (dismissing a moot original proceeding for want of jurisdiction). Accordingly, we lift
the stay previously imposed in this case. See TEX. R. APP. P. 52.10(b). We dismiss this
original proceeding as moot.
YSMAEL D. FONSECA
Justice
Delivered and filed on the
26th day of October, 2026.
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