In Re David L. Sheller v. the State of Texas
This text of In Re David L. Sheller v. the State of Texas (In Re David L. Sheller v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 1st District (Houston) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued February 3, 2026.
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-26-00088-CV ——————————— IN RE DAVID L. SHELLER AND SHELLER LAW FIRM, PLLC, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, David L. Sheller and Sheller Law Firm, PLLC, filed a petition for
writ of mandamus challenging the trial court’s December 23, 2025 “Order
Overruling [Relators’] Special Exceptions,” and “Order Denying [Relators’]
Amended Traditional Motion for Summary Judgment.”1 Relators requested that this
1 The underlying case is Bayko, Prebeg, Faucett & Abbott, PLLC, f/k/a Prebeg, Faucett & Abbott, PLLC v. David L. Sheller, Sheller Law Firm, PLLC and Carol Sousa Individually and as the Representative of the Estate of Betty Jean Wilwerding, Court grant their petition for writ of mandamus and “order that [real party in
interest,] Bayko, Prebeg, Faucett & Abbott, PLLC f/k/a Prebeg, Faucett & Abbott,
PLLC, take nothing on all claims and causes of action asserted in the [underlying
suit], [and] that their lawsuit be dismissed with prejudice.”
We conclude that relators have failed to establish they are entitled to
mandamus relief, and therefore, the Court denies relators’ petition for writ of
mandamus. We dismiss any pending motion as moot.
PER CURIAM
Panel consists of Justices Guerra, Caughey, and Dokupil.
Cause No. 2023-68345, in the 281st District Court of Harris County, Texas, the Honorable Christine Weems presiding.
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