In Re Paschall Truck Lines, Inc. v. the State of Texas

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 28, 2026
• Docket: 01-26-00349-CV
• Status: Published

Opinion

Opinion issued April 28, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00349-CV ——————————— IN RE PASCHALL TRUCK LINES, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Paschall Truck Lines, Inc., filed a petition for writ of mandamus

challenging the trial court’s March 31, 2026 “Order Denying [Relator’s] Plea in

Abatement.”1 Relator’s petition asserted that the trial abused its discretion by

denying its plea in abatement “when a first-filed case in Montgomery County had

1 The underlying case is Maria Funez and Aydee Garcia Prado v. Charlisa Thornton and Paschall Truck Lines, Inc., Cause No. 2026-02314, in the 129th District Court of Harris County, Texas, the Honorable Michael Gomez presiding already acquired dominant jurisdiction.” Relator therefore requested that the Court

“grant mandamus and order the trial court to abate the matter in favor of the first

filed case regarding the same accident and parties in Montgomery County.”

We conclude that relator has failed to establish it is entitled to mandamus

relief, and therefore, the Court denies relator’s petition for writ of mandamus. We

dismiss any pending motions as moot.

PER CURIAM

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