In Re Byron Collins v. the State of Texas
This text of In Re Byron Collins v. the State of Texas (In Re Byron Collins v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued December 18, 2025
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-25-01057-CV ——————————— IN RE BYRON COLLINS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Byron Collins, filed a petition for writ of mandamus asserting that
the trial court has failed to perform its ministerial duty to rule on relator’s
“Emergency Motion to Enforce [Trial] Court’s November 26, 2025 Order.”1
Relator’s motion, filed in the trial court on December 11, 2025, “sought
1 The underlying case is Byron Collins v. Oluwaseun Abe and Patrick Burley, Cause No. 2022-04591, in the 165th District Court of Harris County, Texas, the Honorable Bruce Bain presiding. clarification” that the trial court’s November 26, 2025 order “required [real parties
in interest, Oluwaseun Abe and Patrick Burley] to connect to [a] provided Zoom
link” for the deposition of a witness on December 19, 2025. Relator’s petition for
writ of mandamus alleged that he “request[ed] a ruling by December 16[, 2025],”
but that, at the time of filing his petition for writ of mandamus, “the trial court ha[d]
not ruled on [r]elator’s Emergency Motion to Enforce [Trial] Court’s November 26,
2025 Order.” Relator therefore requested that this Court issue a writ of mandamus
directing the trial court to “immediately rule” on relator’s motion.
In connection with his petition for writ of mandamus, relator also filed an
“Emergency Motion for Stay of Deposition.” In his motion, relator requested that
this Court stay the December 19, 2025 deposition pending this Court’s review of
relator’s petition for writ of mandamus.
We conclude that relator has failed to establish he is entitled to mandamus
relief, and therefore, the Court denies relator’s petition for writ of mandamus. We
dismiss any pending motions, including relator’s Emergency Motion for Stay of
Deposition, as moot.
PER CURIAM
Panel consists of Justices Guerra, Caughey, and Dokupil.
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