In Re John Roe v. the State of Texas

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: July 10, 2026
• Docket: 10-26-00268-CV
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-26-00268-CV

In re John Roe

Original Proceeding

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

In this original proceeding, Relator John Roe has filed a petition for writ

of mandamus in which he requests that we direct the trial court to vacate its

order denying his motion under Texas Rule of Civil Procedure 21d for leave to

appear and testify at trial by videoconference. Relator’s petition for writ of

mandamus is denied. Relator’s “Emergency Motion for Temporary Relief and

Stay Pending Petition for Writ of Mandamus” is dismissed as moot.

We note that Relator highlights that, in addition to denying his request

for leave to appear and testify by videoconference, the trial court stated at the

hearing on his motion that his case would be dismissed if he did not appear for

trial. The trial court’s written order states: “The Court further stated on the

record that Plaintiff is required to personally appear for trial and that Plaintiff’s failure to personally appear for trial will result in dismissal of

Plaintiff’s claims.”

Relator stresses in his petition for writ of mandamus that Texas Rule of

Civil Procedure 7 provides that a party in a civil suit may prosecute or defend

his rights “either in person or by an attorney of the court.” See TEX. R. CIV. P.

7 (emphasis added). Relator argues that dismissal of his claims if he does not

personally appear for trial, even though his counsel will personally appear and

conduct the trial, disregards Rule 7.

We express no opinion on whether dismissal would be appropriate under

such circumstances because the trial court has not yet acted. Relator would

also have an adequate remedy by appeal. See, e.g., Forscan Corp. v. Touchy,

743 S.W.2d 722, 728 (Tex. App.—Houston [14th Dist.] 1987, orig. proceeding).

MATT JOHNSON Chief Justice

OPINION DELIVERED and FILED: July 10, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Motion dismissed Petition denied OT06

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