In Re J.M.W. v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas

MEMORANDUM OPINION

No. 04-26-00362-CV

IN RE J.M.W.

Original Proceeding 1

PER CURIAM

Sitting: Lori I. Valenzuela, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice

Delivered and Filed: June 11, 2026

PETITION FOR WRIT OF MANDAMUS AND APPENDIX STRUCK; CAUSE DISMISSED
AS MOOT

This is the second of three petitions for writ of mandamus that relator, J.M.W., has filed

concerning a motion to transfer that she has filed in the underlying suit affecting the parent-child

relationship. This is the second of three times that relator has failed to redact and use an alias for

the name of a minor and the minor’s parents and other family members in violation of Rule 9.8

of the Texas Rules of Appellate Procedure and Rule 4.2 of this court’s Local Rules. See TEX. R.

APP. P. 9.8; 4TH TEX. APP. (San Antonio) LOC. R. 4.2 (2025).

Relator’s first petition 2 was originally filed and rejected on March 13, 2026, because it

was unsigned and did not redact a minor’s name. Relator was notified of the reasons for the

1
This proceeding arises out of Cause No. 2023-EM5-03094, styled In the Interest of C.W.W., a Child, pending in the
37th Judicial District Court, Bexar County, Texas, the Honorable Angelica Jimenez presiding.
04-26-00362-CV

filing’s rejection. Relator refiled her petition later that day. The refiled petition was denied on

March 18, 2026.

Relator filed this petition for writ of mandamus on May 5, 2026. She complains that the

trial court has refused to hold a hearing on the motion to transfer that she filed in the underlying

proceedings. The court has identified no fewer than ninety-one (91) separate disclosures that

violate Rules 9.8 or 9.9 of the Texas Rules of Appellate Procedure or Local Rule 4.2 in the

present petition. Pursuant to Local Rule 4.2, we STRIKE the petition and appendix in this

matter.

Relator filed a third petition for writ of mandamus concerning the motion to transfer the

underlying matter on May 8, 2026. 3 In her third petition, relator asserts that the trial court has

issued an order denying her motion to transfer.

A petition for a writ of mandamus for failure to rule is dismissed as moot when the trial

court rules after the petition for writ of mandamus is filed. See In re Laubenstein, No. 14-24-

00723-CV, 2024 WL 4404221, at *1 (Tex. App.—Houston [14th Dist.] Oct. 4, 2024, no pet.).

According to relator, the trial court has ruled on her motion. Accordingly, this cause is dismissed

as moot.

PER CURIAM

2
In re Jaimee Michelle Collins, No. 04-26-00210-CV (Tex. App.—San Antonio, filed March 13, 2026).
3
In re J.M.W., No. 04-26-00374-CV (Tex. App.—San Antonio, filed May 8, 2026).

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