Vickers v. State of Texas - Mandamus Petition Denied
Summary
The Texas Court of Appeals, 13th District, denied a petition for writ of mandamus filed by Christopher Vickers. The court found that the relator did not meet the burden to show the trial court abused its discretion in modifying conservatorship and possession orders.
What changed
The Texas Court of Appeals, 13th District, has denied a petition for writ of mandamus in the case of In Re Christopher Vickers v. the State of Texas. The relator, Christopher Vickers, sought mandamus relief, alleging the trial court abused its discretion by modifying conservatorship and possession orders without proper notice and by altering the conservator with the right to designate primary residence. The appellate court, in its memorandum opinion dated March 13, 2026, determined that Vickers failed to meet the required burden of proof for mandamus relief, thereby lifting a previously imposed stay.
This decision means the trial court's orders regarding conservatorship and possession remain in effect. For legal professionals involved in similar cases, this serves as a reminder of the high burden of proof required for mandamus petitions, particularly concerning alleged abuses of discretion in family law matters. No specific compliance actions are required for regulated entities as this is a specific court ruling on a petition, not a new regulation or guidance.
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March 13, 2026 Get Citation Alerts Download PDF Add Note
In Re Christopher Vickers v. the State of Texas
Texas Court of Appeals, 13th District
- Citations: None known
- Docket Number: 13-26-00148-CV
- Nature of Suit: Mandamus
Disposition: Motion or Writ Denied
Disposition
Motion or Writ Denied
Lead Opinion
NUMBERS 13-26-00146-CV, 13-26-00147-CV, 13-26-00148-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CHRISTOPHER VICKERS
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña1
Relator Christopher Vickers filed a petition for writ of mandamus asserting that the
trial court abused its discretion by: (1) modifying conservatorship and possession and
access without proper notice; and (2) modifying the conservator with the right to designate
the primary residence of minor children. The petition for writ of mandamus arises from
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).
trial court cause numbers 2023-DCL-01268, 2025-DCL-6853, and 2026-DCL-59 in the
444th District Court of Cameron, County, Texas, docketed respectively in our appellate
cause numbers 13-26-00146-CV, 13-26-00147-CV, and 13-26-00148-CV. We address
each of these causes in this single memorandum opinion in the interests of judicial
efficiency and economy.
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,
840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148
S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). 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). “The relator bears the burden of proving these two
requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig.
proceeding) (per curiam); Walker, 827 S.W.2d at 840.
The Court, having examined and fully considered the petition for writ of mandamus,
the record, the applicable law, and the response filed by real party in interest Lena Cherie
Chaisson-Munoz, 2 is of the opinion that relator has not met his burden to obtain relief.
Accordingly, we lift the stay previously imposed in these matters. See TEX. R. APP. P.
2 Lena has filed a motion for leave to file her response in each of these cause numbers and a
motion for leave to file an amended response in 13-26-00147-CV and 13-26-00148-CV. We grant her
motions, and we consider her response in each of these cause numbers on the merits.
2
52.10(b). We deny the petition for writ of mandamus in each of these cause numbers.
L. ARON PEÑA JR.
Justice
Delivered and filed on the
13th day of March, 2026.
3
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