In Re C.D.S. v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJuly 1, 2026
Docket04-26-00327-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00327-CV
IN RE C.D.S.
Original Proceeding 1
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: July 1, 2026
PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT; TEMPORARY STAY
LIFTED
On April 22, 2026, relator, C.D.S., filed his petition for writ of mandamus and motion for
temporary stay. We granted the motion for temporary stay on May 15, 2026, staying all
proceedings in the underlying matter. On June 3, 2026, we issued an order and opinion dismissing
the petition and lifting the stay. We withdraw that order and opinion on rehearing.
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 at law, such as an appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)
This proceeding arises out of Cause No. J-2483, styled In the Matter of C.D.S., a Child, pending in the County Court,
1
Atascosa County, Texas, the Honorable Bob Brendel presiding.
04-26-00327-CV
(orig. proceeding). Having considered the filings of the parties, this court concludes that C.D.S.
has not shown that he is entitled to the relief sought. See TEX. R. APP. P. 52.8(a). The petition for
writ of mandamus is denied. The temporary stay issued on May 15, 2026 is lifted.
PER CURIAM
-2-