The Texas Court of Appeals has denied a petition for writ of mandamus filed by Katherine Carlson, Cody Breunig, USA Waste Management Resources, LLC, and Kimberly G. Stith. This decision affects their ongoing legal battle against the State of Texas and comes after the trial court denied their motion to dismiss a case against them. The ruling is significant as it impacts how the case will proceed in the lower courts.
The petition, filed under docket number 01-25-00974-CV, challenged the trial court's orders from September 25, 2025, and November 5, 2025. The court's ruling means that the relators must now continue with the underlying case, which involves multiple parties and complex legal issues.
Background
The parties involved in this case are Katherine Carlson, Cody Breunig, USA Waste Management Resources, LLC, and Kimberly G. Stith. They are the relators in this matter, seeking relief from the Texas Court of Appeals. The dispute arose from a lawsuit filed against them by J.K. Moore in the 212th District Court of Galveston County, Texas. The case is presided over by Judge Patricia Grady.
The relators filed a motion to dismiss the lawsuit based on Texas Rule of Civil Procedure 91a, which allows for dismissal of a case if it has no basis in law or fact. However, the trial court denied their motion, leading the relators to seek a writ of mandamus from the appellate court. This legal action was intended to compel the lower court to dismiss the case against them.
The appellate court initially stayed all proceedings in the trial court on June 15, 2026, pending its consideration of the relators' petition. This stay meant that the trial court could not move forward with the case while the appellate court reviewed the petition. The relators hoped that the appellate court would agree with their arguments and overturn the trial court's decision.
The Ruling
The Texas Court of Appeals ultimately ruled against the relators, denying their petition for writ of mandamus. The court lifted the stay it had previously imposed and dismissed any pending motions as moot. The court's decision means that the relators must continue to face the lawsuit filed against them in the lower court.
The court ruled, "We lift the stay imposed by our June 15, 2026 order and deny relators’ petition for writ of mandamus." This ruling indicates that the appellate court found no grounds to overturn the trial court's decision.
The panel of justices included Justices Rivas-Molloy, Gunn, and Guiney. Their decision reflects the court's view on the relators' arguments and the merits of the case.
Impact
This ruling has significant implications for the parties involved. By denying the petition for writ of mandamus, the Texas Court of Appeals has allowed the lawsuit against the relators to proceed in the trial court. This means that Carlson, Breunig, USA Waste Management Resources, and Stith must continue to defend themselves against the allegations made by J.K. Moore.
The decision also sets a precedent regarding the use of mandamus petitions in similar cases. It highlights the challenges that parties may face when seeking to dismiss lawsuits at an early stage. The ruling underscores the importance of the trial court's discretion in determining whether a case has sufficient legal basis to proceed.
What's Next
Following this ruling, the relators may have limited options for further appeal. They can continue to contest the underlying case in the trial court, but the appellate court's decision effectively ends their immediate efforts to dismiss the lawsuit. There are no indications in the court filing about any related cases pending.