In Re Texas Youth Football & Cheer Association v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 3, 2025
• Docket: 13-25-00508-CV
• Status: Published

Opinion

NUMBER 13-25-00508-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE TEXAS YOUTH FOOTBALL & CHEER ASSOCIATION

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Cron and Fonseca Memorandum Opinion by Justice Fonseca1

Relator Texas Youth Football & Cheer Association filed a petition for writ of

mandamus asserting that the trial court erred by issuing a temporary restraining order on

October 9, 2025, in the underlying cause.

Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem.

Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); In re Garza, 544 S.W.3d 836,

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148

S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). Ordinarily, the relator must show that:

(1) the trial court abused its discretion; and (2) the relator lacks an adequate remedy on

appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding);

In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d

833, 839–40 (Tex. 1992) (orig. proceeding). Temporary restraining orders are not subject

to appeal, and thus they may be reviewed by mandamus. See In re Abbott, 601 S.W.3d

802, 813 (Tex. 2020) (orig. proceeding) (per curiam); In re Off. of Att’y Gen., 257 S.W.3d

695, 698 (Tex. 2008) (orig. proceeding) (per curiam); In re County of Hidalgo, 655 S.W.3d

44, 55 (Tex. App.—Corpus Christi–Edinburg 2022, orig. proceeding).

The Court, having examined and fully considered the petition for writ of mandamus,

the response filed by the real parties in interest Joshua Thompson and RVG Broncos, a

Division of Texas Youth Football, and the applicable law, is of the opinion that this original

proceeding has been rendered moot. See In re L.A.-K., 596 S.W.3d 387, 396 (Tex. App.—

El Paso 2020, no pet.); In re Sierra Club, 420 S.W.3d 153, 156 (Tex. App.—El Paso 2012,

orig. proceeding). Specifically, the temporary restraining order at issue has expired, and

the trial court’s hearing on the temporary injunction has occurred. Accordingly, we lift the

stay previously imposed in this case, and we dismiss this original proceeding as moot.

YSMAEL D. FONSECA Justice

Delivered and filed on the 3rd day of November, 2025.