In Re Bianca Rose Fox v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-26-00047-CV

IN RE Bianca Rose FOX

Original Mandamus Proceeding 1

Opinion by: Irene Rios, Justice

Sitting: Irene Rios, Justice Lori Massey Brissette, Justice Adrian A. Spears II, Justice

Delivered and Filed: February 11, 2026

PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR TEMPORARY RELIEF DENIED AS MOOT

On January 16, 2026, relator filed a petition for writ of mandamus. Relator also filed an

emergency motion for temporary relief, requesting a stay of the underlying proceedings pending

final resolution of the petition for writ of mandamus. On February 2, 2025, relator filed a second

emergency motion for temporary relief. 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 by way of appeal. Walker v. Packer, 827 S.W.2d 833,

1 This proceeding arises out of Cause No. 2023CV01033, styled Bianca Fox v. Cypress at Stone Oak, pending in the County Court at Law No. 3, Bexar County, Texas, the Honorable Cesar Garcia presiding. 04-26-00047-CV

839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court

concludes relator has not shown that she is entitled to the relief sought.

Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

Relator’s motions for temporary relief are DENIED AS MOOT.

Irene Rios, Justice

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