In Re Frederick H. Schrader and Constellation Brands, Inc. v. the State of Texas
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Opinion
Opinion issued October 30, 2025
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-25-00875-CV ——————————— IN RE FREDERICK H. SCHRADER AND CONSTELLATION BRANDS, INC., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Frederick H. Schrader and Constellation Brands, Inc., filed a petition
for writ of mandamus challenging the trial court’s “oral[] indicat[ion] [that] it would
deny [relators’] requests to abate, stay, and not issue a continuance of the November
5[, 2025] trial date.”1 Relators’ petition requested that the Court “grant a writ of
1 The underlying case is Robert M. (Randy) Roach, Jr. v. Frederick H. Schrader and Constellation Brands, Inc., Cause No. 2018-59845, in the 190th District Court of Harris County, Texas, the Honorable Beau Miller presiding. mandamus and direct [the trial court] to abate and stay its case until final judgment
in the United States District Court for [the] Northern [District of] California, and to
apply the results of that judgment to the instant case before moving forward with
any trial on the merits.”2
In connection with their petition for writ of mandamus, on October 21, 2025,
relators filed a “Motion for Emergency Stay of Trial Court Proceedings.” In their
motion, relators requested that the Court grant an emergency stay, “necessary to
prevent irreparable harm” to relators, as trial of the underlying suit was scheduled
for November 5, 2025. Real party in interest, Robert M. (Randy) Roach, filed a
response in opposition to relators’ motion for emergency stay of trial court
proceedings.
We conclude that relators have failed to establish that they are entitled to
mandamus relief. We dismiss any pending motions, including relators’ “Motion for
Emergency Stay of Trial Court Proceedings,” as moot.
2 Relators filed their petition for writ of mandamus on October 20, 2025. As noted above, in their petition, relators challenged the trial court’s “oral[] indicat[ion]” that it would deny relators’ requests for abatement, stay, and/or continuance. At the time of filing their petition, the trial court had not entered any order denying the relief requested by relators. However, in response to relators’ “Motion for Emergency Stay of Trial Court Proceedings,” real party in interest, Robert M. (Randy) Roach, Jr., attached the trial court’s “Order Denying [Relators’] Motion to Stay and Supplement to [Relators’] Pleas to the Jurisdiction, and Renewed Pleas in Abatement and [Relators’] Verified Supplement to [Relators’] Motion to Stay, or, in the Alternative, Motion for Continuance,” signed on October 20, 2025.
2 PER CURIAM
Panel consists of Justices Guerra, Guiney, and Johnson.
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