CourtListener 10801995•In Re Persian Marshall v. the State of Texas
In Re Persian Marshall v. the State of Texas
CourtListener 10801995Txctapp1323 févr. 2026
Texte intégral
NUMBER 13-26-00126-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE PERSIAN MARSHALL
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Cron1
Relator Persian Marshall filed a petition for writ of mandamus through which she
asserts that: (1) the trial court abused its discretion by “signing an order that vacated a
prior judge’s orally rendered final judgment, thereby ordering a complete retrial on all
issues, when a less drastic remedy, such as a clarifying order under Texas Family Code
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.
47.4 (distinguishing opinions and memorandum opinions).
§ 157.421 or a limited hearing, was available to address any purported lack of specificity”;
and (2) relator lacks an adequate remedy by appeal to remedy the trial court’s error.
“Mandamus relief is an extraordinary remedy available only on a showing that
(1) the trial court clearly abused its discretion and (2) the party seeking relief lacks an
adequate remedy on appeal.” In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig.
proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding).
“The relator bears the burden of proving these two requirements.” In re H.E.B. Grocery
Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker, 827
S.W.2d at 840.
The Court, having examined and fully considered the petition for writ of mandamus
and the applicable law, is of the opinion that relator has not met her burden to obtain
relief. Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP. P.
52.10. We deny the petition for writ of mandamus.
JENNY CRON
Justice
Delivered and filed on the
23rd day of February, 2026.
2
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