In Re Robert Edward Battaile v. the State of Texas

15-25-00220-CV ACCEPTED
15-25-00142-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
NO. 15-25-00142-CV 12/1/2025 12:00 AM
CHRISTOPHER A. PRINE
IN THE FIFTEENTH COURT OF APPEALS CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
12/1/2025 12:00:00 AM
IN RE CHRISTOPHER A. PRINE
Clerk

ROBERT EDWARD BATTAILE, Relator

ADDENDUM TO SUPPLEMENTAL PETITION FOR WRIT OF MANDAMUS

New Evidence – November 26, 2025 – Filed: November 28, 2025

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

Relator submits this Addendum to provide newly emerging, time-critical evidence

arising on November 26, 2025, after the filing of the November 25 Supplemental

Petition for Writ of Mandamus. This incident directly reflects the same pattern of

obstruction, denial of access, and staff-controlled manipulation of public

processes described in Relator’s original Mandamus and prior Supplement.

I. NEW EVIDENCE (11/27/2025): OBSTRUCTION OF CORRESPONDENCE

TO CHARTER REVIEW COMMISSION CHAIR

On November 26, 2025, Relator attempted to deliver a Copy of the Supplemental

Mandamus pleading to Daniel Mendoza, Chair of the City of Manor Charter Review

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Commission (“CRC”). Although the CRC not addressed in the original Mandamus, the

obstruction encountered is identical in character to the TOMA-related barriers, public-

participation restrictions, and staff interference previously documented for this Court.

In brief, at the reception window of City Hall, the receptionist stated:

• She had been instructed not to accept any correspondence addressed to the CRC;

• That “anything… has to be presented the day of the meeting”;

• And that the instructions came directly from City Secretary Lluvia Almaraz, whom she

had contacted by phone. City Secretary and City Attorney are CRC's only advisors at the

unrecorded, unstreamed and unarchived video recording of four CRC meetings thus far.

When City Secretary, Lluvia Almaraz then stepped to the window, she:

• Declined to notify the CRC Chair;

• Declined to provide an email or any method of contact;

• Stated: “We won’t see him until the day of the meeting.”

• Responded dismissively and refused assistance, until begrudgingly accepting the letter.

This is Relator's transcript of the recorded two minute-14 second conversation.

[00:00:01.660] – Robert: Okay, you're saying what now?

[00:00:03.660] – Receptionist: I was notified that anything that you're going to be

forwarding over to the commission, it just has to be presented the day of. I'm not able to

mail anything or forward the documentation. It has to be presented the day of, which is

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what I was told.

[00:00:17.460] – Robert: By who?

[00:00:18.660] – Receptionist: I had to give a quick call to Lluvia.

[00:00:20.800] – Robert: Pardon me?

[00:00:21.290] – Receptionist: To Lluvia.

[00:00:23.640] – Robert: She's the City Secretary.

[00:00:25.780] – Receptionist: Right. Yes. I did have to get information because I wasn't

too sure who this documentation was to be going over to. But if it's going to be going

over to the commission, she did state it has to be presented to the day of city council

meeting.

[00:00:35.640] – Robert: Well, I already told the court I was going to deliver it to him

here.

[00:00:39.020] – Receptionist: Okay, yeah. So he doesn't have an office, right. We're not

able to forward any documentation over to the commission. I had to I have a quick call

to Lluvia. She did notify us that any documentation has to be presented the day of.

[00:00:52.580] – Robert: Well, this is about a lawsuit.

[00:00:55.000] – Receptionist: Yes, sir. So I, that's what I was told.

[00:00:57.170] – Robert: I can't- Okay, yeah. I'm not trying. I'm not. Understand; I'm

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not upset at you. But it's just this is a secret commission meeting in secret, and I can't

even give a letter for her to send to him. Is that what you're saying?

[00:01:15.860] – Receptionist: So, I was just notified that I'm not able to accept anything

that is going to be for the commission. It has to be presented the day of the meeting.

[00:01:24.100] – Robert: Can you give me their email address?

[00:01:26.160] – Receptionist: For who exactly? For you here? (points to addressee)

[00:01:27.780] - Lluvia Almaraz, City Secty (walks up to front window) Hi.

[00:01:28.540] – Robert: Yeah.

[00:01:29.120] – Lluvia: Well, how may I help you?

[00:01:30.460] – Robert: I'm trying to give something to the chairperson of the Charter

Review Commission.

[00:01:35.800] – Lluvia: What, so are you attending the last meeting? 'Cause you can,

because just like you do regular council meetings, you-

[00:01:41.700] – Robert: What's that got to do with it?

[00:01:43.560] – Lluvia: I'm letting you know the process. For the commissioners. Just

like P&Z (Planning & Zoning Commission), anything that you want to provide to them

to provide-

[00:01:49.060] – Robert: P&Z, I can send an email.

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[00:01:49.060] – Lluvia: You send an email to the group.

[00:01:54.900] – Robert: I send P&Z Commission.

[00:01:56.360] – Lluvia: Okay, so what do you want to do?

[00:01:57.780] – Robert: I'd like this to be, to get to the chairperson of the Charter

Review Commission.

[00:02:01.640] – Lluvia: We won't see him until the day of the meeting.

[00:02:03.160] – Robert: Why don't you call him and tell him you have it here?

[00:02:05.080] – Lluvia: I'm not going to call him. Or let him know.

[00:02:07.280] – Robert: I don't have a number for him.

[00:02:09.260] – Lluvia: Okay. (exasperated)

[00:02:10.060] – Robert: So I have no way-

[00:02:10.820] – Lluvia: That's fine. We'll take it.

[00:02:12.180] – Robert: Okay, thank you.

[00:02:12.780] – Lluvia: Have a good day.

[00:02:13.520] – Robert: You, too. (she leaves with the large envelope)

NOTE REGARDING AUDIO FILE:

Because eFileTexas does not accept audio formats, Relator cannot upload the original

.m4a recording through the electronic filing system. Relator certifies that the full native

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audio file of the November 27, 2025 interaction is preserved and is available for

immediate submission to the Court upon request.

II. LEGAL SIGNIFICANCE

Although the Charter Review Commission was not at issue in the original Mandamus,

this new episode:

• Demonstrates a continuing pattern of denial of access to public bodies;

• Mirrors the same TOMA violations identified in prior filings (unrecorded meetings,

suppressed public comments, refusal to accept participation);

• Confirms that the harms described in this case are ongoing and expanding;

• Reinforces the need for mandamus relief due to irreparable injury to Relator’s

constitutional rights under Tex. Const. art. I §§ 8, 13, 19, and 27.

This conduct also violates the City’s Code of Ethics:

•§12.02.032(a) – misuse of office;

•§12.02.032(b) – improper influence / denial of access;

•§12.02.032(c) – discourteous or hostile treatment;

•§12.02.032(d) – retaliation.

Relator additionally gives notice that a formal Ethics Commission Complaint will be

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filed. Under Manor Code §12.02.041, the City Manager is required to convene the

Ethics Commission upon receipt.

PRAYER

Relator respectfully requests that this Court:

1. Accept this Addendum as part of the record in this Mandamus proceeding;

2. Consider Exhibits A in evaluating the ongoing, real-time nature of the harms

described herein;

3. Enjoin a Reset with the same Charter Review Commission members; and

4. Grant such additional mandamus relief as justice may require.

Respectfully submitted this 28th day of November by,

/s/ Robert Edward Battaile
Robert Edward Battaile
502 E. Eggleston St., Unit B, Manor, Texas 78653
robert@manortx.us 512-662-2955

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CERTIFICATE OF SERVICE

I certify that on November 28, 2025, a true and correct copy of this Addendum to the

Supplemental Petition for Writ of Mandamus was served electronically through the State

of Texas electronic filing system (eFileTexas) on all counsel and parties of record listed

for Case No. 15-25-00142-CV in the Fifteenth Court of Appeals, including the Office of

the Attorney General as counsel for the State of Texas.

In addition, consistent with TRAP 9.5 and standard municipal-representation

practice, notice of this filing is also provided to:

Daniel Mendoza, Chair of the Charter Review Commission, and the Charter Review

Commission as a municipal body, via the City Attorney for the City of Manor (Knight

Law Firm) through this eFiling.

/s/ Robert Edward Battaile
Robert Edward Battaile, Relator Pro Se

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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 108525170
Filing Code Description: Other Document
Filing Description: ADDENDUM TO SUPPLEMENTAL PETITION FOR
WRIT OF MANDAMUS
Status as of 12/1/2025 11:46 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeffrey Hobbs 24012837 jhobbs@abaustin.com 11/28/2025 11:03:59 AM SENT

Michael Kabat 24050847 mkabat@mcginnislaw.com 11/28/2025 11:03:59 AM SENT

Joanna Salinas 791122 joanna.salinas@fletcherfarley.com 11/28/2025 11:03:59 AM SENT

William Davidson 5447000 bdavidson@chmc-law.com 11/28/2025 11:03:59 AM SENT

Gavin Villareal 24008211 gavin.villareal@bakerbotts.com 11/28/2025 11:03:59 AM SENT

Michael Roberts 24082153 mroberts@jw.com 11/28/2025 11:03:59 AM SENT

Cynthia Veidt 24028092 cynthia.veidt@traviscountytx.gov 11/28/2025 11:03:59 AM SENT

Stephanie Serrano 24092655 sserrano@rothberg.law 11/28/2025 11:03:59 AM SENT

Kevin O'Hanlon 15235500 kohanlon@808west.com 11/28/2025 11:03:59 AM SENT

Patrick Kelly 11228000 pat.kelly@traviscountytx.gov 11/28/2025 11:03:59 AM SENT

Tyler Ryska 24096597 tryska@rigbyslack.com 11/28/2025 11:03:59 AM SENT

Austin Jones 24116579 ajones@mcginnislaw.com 11/28/2025 11:03:59 AM SENT

William Duncan 24124453 wduncan@rigbyslack.com 11/28/2025 11:03:59 AM SENT

Roy Adams roy.adams@oag.texas.gov 11/28/2025 11:03:59 AM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 11/28/2025 11:03:59 AM SENT

Lauren Bush 24142742 lbush@jw.com 11/28/2025 11:03:59 AM SENT

Anna Puff 24144206 gtwnfilings@sneedvine.com 11/28/2025 11:03:59 AM SENT

Edward Smith 24037790 esmith@808west.com 11/28/2025 11:03:59 AM SENT

Robert EdwardBattaile robert@manortx.us 11/28/2025 11:03:59 AM SENT

Annette Bittick abittick@mcginnislaw.com 11/28/2025 11:03:59 AM SENT

Patricia Muniz paralegal@rigbyslack.com 11/28/2025 11:03:59 AM SENT

Raylynn Howell raylynn.howell@bakerbotts.com 11/28/2025 11:03:59 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 108525170
Filing Code Description: Other Document
Filing Description: ADDENDUM TO SUPPLEMENTAL PETITION FOR
WRIT OF MANDAMUS
Status as of 12/1/2025 11:46 AM CST

Case Contacts

Raylynn Howell raylynn.howell@bakerbotts.com 11/28/2025 11:03:59 AM SENT

Kim McBride kmcbride@mcginnislaw.com 11/28/2025 11:03:59 AM SENT

Lea Ohrstrom lohrstrom@808west.com 11/28/2025 11:03:59 AM SENT

Sneed Vine &Perry gtwnfilings@sneedvine.com 11/28/2025 11:03:59 AM SENT

Stormy Downing sdowning@rrspllc.com 11/28/2025 11:03:59 AM SENT

Andy Soule asoule@rrspllc.com 11/28/2025 11:03:59 AM SENT

Karah Powers kpowers@chmc-law.com 11/28/2025 11:03:59 AM SENT

Martha AnnAdams madams@abaustin.com 11/28/2025 11:03:59 AM SENT

Benjamin C. Hunt ben.hunt@bakerbotts.com 11/28/2025 11:03:59 AM SENT

Eldridge Burns eburns@rrspllc.com 11/28/2025 11:03:59 AM SENT

Amy Botelho abotelho@mcginnislaw.com 11/28/2025 11:03:59 AM SENT

Carol Shipley cshipley@rrspllc.com 11/28/2025 11:03:59 AM SENT

Emily Hill ehill@manortx.gov 11/28/2025 11:03:59 AM SENT

Anne Weir aweir@manortx.gov 11/28/2025 11:03:59 AM SENT

Legal Counsel info@dalfen.com 11/28/2025 11:03:59 AM SENT

W Fusselman wfusselman@txamfoundation.com 11/28/2025 11:03:59 AM SENT