Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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Litigation StrategiesOpinion LibraryOur TeamFAQ
FAQ/Question

Can I get an emergency stay of a court order pending my appeal?

This question has been addressed in 1 Texas court opinion:

IN RE CHARLES DUSTIN MYERS

COA02 — February 5, 2026

In In re Charles Dustin Myers, the Relator challenged an order from the 322nd District Court of Tarrant County by filing a petition for writ of mandamus and an emergency motion to stay the proceedings. The Second Court of Appeals summarily denied both requests, concluding that the Relator failed to meet the stringent two-prong test required for extraordinary relief: demonstrating a clear abuse of discretion by the trial court and proving that no adequate remedy exists through a standard appeal.

Litigation Takeaway

“Mandamus is an extraordinary remedy, not a secondary appeal; litigants must provide an impeccable record and prove that a trial court’s error is both indisputable and impossible to correct through the normal appeals process.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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