In Re Pier 6 Seafood LLC, and Prestige Oysters, Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 30, 2025
• Docket: 01-25-00680-CV
• Status: Published

Opinion

Opinion issued September 30, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00680-CV ——————————— IN RE PIER 6 SEAFOOD LLC AND PRESTIGE OYSTERS, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators, Pier 6 Seafood LLC and Prestige Oysters, Inc., filed a petition for

writ of mandamus challenging the trial court’s denial of their respective motions to

dismiss the underlying causes of action alleged by real party in interest, Kelsey

Castonguay, individually, as next friend of B.C., a minor child, and as the

representative of the Estate of Philip Drew Castonguay, under Texas Rule of Civil Procedure 91a.1 Relators’ petition requested that the Court grant their petition for

writ of mandamus and direct the trial court to dismiss the claims against them.

We conclude that relators have failed to establish they are entitled to

mandamus relief. The Court therefore denies relators’ petition for writ of

mandamus. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Guiney, and Johnson.

1 The underlying case is Kelsey Castonguay, Individually, and as Next Friend of Minor B.C., and as Representative of the Estate of Philip Drew Castonguay v. Pier 6 Seafood LLC and Prestige Oysters, Inc., Cause No. CV-0093571, in the County Court at Law No. 3 of Galveston County, Texas, the Honorable Jack Ewing presiding.