This question has been addressed in 1 Texas court opinion:
COA13 — February 19, 2026
Action Car Rental, L.L.C. sought a writ of mandamus after a trial court denied its motion for summary judgment, which was based on a federal defense under the Graves Amendment. However, the Relator's petition and appellate record contained several procedural deficiencies. The Thirteenth Court of Appeals directed the Relator to amend its filings to comply with Texas Rules of Appellate Procedure 9.4 and 52.3, but the Relator failed to do so. The court analyzed the case by emphasizing that mandamus is an extraordinary remedy and the burden rests entirely on the relator to provide a compliant record. Consequently, the court held that the failure to cure procedural defects and provide a certified record is sufficient grounds to deny the petition without ever reaching the legal merits of the case.
Litigation Takeaway
“In mandamus proceedings, procedural compliance is as critical as substantive law; failing to provide a certified record or ignoring a court's directive to cure filing defects will result in the summary denial of your petition, regardless of how strong your underlying legal argument may be.”