In Re Elizabeth Anne Russell v. the State of Texas

Texas Court of Appeals, 4th District (San Antonio)·Decided July 22, 2026·No. 04-26-00350-CV·Published

Opinions

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-26-00350-CV

IN RE Elizabeth Anne RUSSELL

Original Mandamus Proceeding 1

Opinion by: Lori I. Valenzuela, Justice Concurring Opinion by : Velia J. Meza, Justice

Sitting: Lori I. Valenzuela, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: July 22, 2026

PETITION FOR WRIT OF MANDAMUS DENIED

On April 30, 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. We granted the stay.

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, 839-40 (Tex. 1992) (orig.

proceeding). After considering the petition and the record before us, this court concludes relator

1 This proceeding arises out of Cause No. 2021CI16104, styled In the Matter of the Marriage of Michelle Acosta and Carlos Lazos and In the Interest of J.C.L., a Minor Child, pending in the 57th Judicial District Court, Bexar County, Texas, the Honorable Antonia Arteaga presiding. 04-26-00350-CV

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).

Lori I. Valenzuela, Justice

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Related

Villegas v. Carter
711 S.W.2d 624 (Texas Supreme Court, 1986)
Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)