In Re Morgan Alyse Foster v. the State of Texas

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 22, 2026
• Docket: 01-26-00411-CV
• Status: Published

Opinion

Opinion issued April 22, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00411-CV ——————————— IN RE MORGAN ALYSE FOSTER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Morgan Alyse Foster filed a petition for writ of mandamus

challenging the probate court’s “Order Granting Applicant’s Emergency Motion for

Temporary Orders Regarding Control and Disposition of Remains and Denying

Morgan Foster’s Emergency Application,” signed on April 16, 2026.1 In conjunction

1 The underlying case is Estate of Melvin Alphonse Foster, III, Deceased, cause number 542965, pending in the Probate Court No. 5 of Harris County, Texas, the Honorable Fransheneka Watson presiding. with the mandamus petition, Relator filed an Emergency Motion for Temporary

Relief requesting that our Court (1) “Stay enforcement of the trial court’s April 16,

2026 Order,” (2) “Prohibit cremation or any irreversible disposition of the

decedent’s remains,” and (3) “Order that the remains be preserved in their current

condition pending further order of this Court.” Real Party in Interest Myriam

Michele Foster filed a response to the emergency motion asserting, among other

things, that the cremation was completed prior to Relator filing her mandamus

petition and emergency motion with our Court.

We deny the petition for writ of mandamus and dismiss the related Emergency

Motion for Temporary Relief as moot. Real party in interest’s request for costs and

attorney’s fees is denied.

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.