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In Re Beverly Brooks v. State of Texas - Mandamus Denied

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Summary

The Texas Court of Appeals, 1st District denied Relator Beverly Brooks' Emergency Petition for Writ of Mandamus challenging a trial court order regarding withdrawal of funds from the court's registry. The court rejected Brooks' challenge to the order granting Kirkendall Dwyer, LLP's motion to withdraw registry funds and denying her request for interest accrued on those funds.

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What changed

The Texas Court of Appeals denied Beverly Brooks' petition for writ of mandamus challenging the 269th District Court's order that granted Kirkendall Dwyer, LLP's motion to withdraw the entire amount of funds from the court's registry and denied Brooks's request to withdraw accrued interest on those funds.

The denial means the trial court's order remains intact and Kirkendall Dwyer, LLP may proceed with immediate release of registry funds. Brooks has no further recourse through this mandamus proceeding. The underlying case, Beverly Brooks v. Metropolitan Transit Authority of Harris County (Cause No. 2013-19862), continues in the trial court.

Archived snapshot

Apr 20, 2026

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April 17, 2026 Get Citation Alerts Download PDF Add Note

In Re Beverly Brooks v. the State of Texas

Texas Court of Appeals, 1st District (Houston)

Disposition

Deny petition for writ of mandamus

Lead Opinion

Opinion issued April 17, 2026

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-26-00395-CV
———————————
IN RE BEVERLY BROOKS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On April 17, 2026, Relator Beverly Brooks filed an Emergency Petition for

Writ of Mandamus challenging the trial court’s April 13, 2026 “Order Granting

KD’s Motion to Withdraw Funds From Court’s Registry and Denying Plaintiff’s

Request for Interest.”1 The challenged order (1) grants Real Party In Interest

1
The underlying case is Beverly Brooks v. Metropolitan Transit Authority of Harris
County, Texas, cause number 2013-19862, pending in the 269th District Court of
Harris County, Texas, the Honorable Cory Sepolio presiding.
Kirkendall Dwyer, LLP’s motion to withdraw funds from the court’s registry;

(2) orders that the entire amount of funds in the registry be released to Kirkendall

Dwyer immediately, and (3) denies Brooks’s request to withdraw a portion of

registry funds arising from interest accrued on the funds.

We deny the petition.

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

2

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Last updated

Classification

Agency
TX Court of Appeals
Filed
April 17th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
No. 01-26-00395-CV
Docket
01-26-00395-CV 2013-19862

Who this affects

Applies to
Courts Criminal defendants Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Mandamus proceedings Civil litigation Court registry funds
Geographic scope
Texas US-TX

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Transportation Civil Rights

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