In Re Ed Monce and DAS Alliance Group, LLC v. the State of Texas

NUMBER 13-25-00522-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE ED MONCE AND DAS ALLIANCE GROUP, LLC

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Silva1

Relators Ed Monce and DAS Alliance Group, LLC assert that the trial court abused

its discretion by issuing a judgment of contempt because: “(1) [r]elators did not receive

legally adequate notice of the alleged contemptuous acts; (2) [r]elators’ alleged conduct

did not impede, embarrass, or obstruct the [t]rial [c]ourt in the discharge of its duties; and

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).
(3) the sanction imposed by the [t]rial [c]ourt exceeds that which is allowable under Texas

law.”

“Mandamus relief is an extraordinary remedy available only on a showing that

(1) the trial court clearly abused its discretion and (2) the party seeking relief lacks an

adequate remedy on appeal.” In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig.

proceeding); see In re Liberty Cnty. Mut. Ins., 679 S.W.3d 170, 174 (Tex. 2023) (orig.

proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex.

2004) (orig. proceeding); 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 response filed by real parties in interest Christopher Majka, Tressa Majka, and

Esplanade Investments, LLC, and the applicable law, is of the opinion that relators have

not met their burden to obtain relief. Accordingly, we lift the stay previously imposed in

this case, and we deny the petition for writ of mandamus.

CLARISSA SILVA
Justice

Delivered and filed on the
10th day of February, 2026.

2