In Re Longhorn Merit, LLC v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-25-00771-CV

IN RE LONGHORN MERIT, LLC, et al.

Original Mandamus Proceeding 1

Opinion by: Lori Massey Brissette, Justice

Sitting: Rebeca C. Martinez, Chief Justice Lori Massey Brissette, Justice Velia J. Meza, Justice

Delivered and Filed: February 4, 2026

PETITION FOR WRIT OF MANDAMUS DENIED

Relators filed a petition for writ of mandamus on December 1, 2025, seeking an order

directing the respondent to vacate its order granting a new trial and to render judgment on a jury’s

verdict. Mandamus is an extraordinary remedy, available only when the relators 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, this court concludes relators have not

1 This proceeding arises out of Cause No. 22-09-15018-ZCV, styled Emily Heuerman, Individually in Her Capacity as Co-Trustee of the Testamentary Trust Created by Meade Winterbotham Eastham a/k/a The Meade Winterbotham Eastham Testamentary Trust, et. al. vs Longhorn Merit, LLC, et. al., pending in the 293rd Judicial District Court, Zavala County, Texas, the Honorable Maribel Flores presiding. 04-25-00771-CV

established their entitlement to the relief sought. Accordingly, the petition for writ of mandamus

is DENIED. See TEX. R. APP. P. 52.8(a).

Lori Massey Brissette, Justice

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