In Re David L. Sheller v. the State of Texas

Opinion issued February 3, 2026.

In The

Court of Appeals
For The

First District of Texas
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NO. 01-26-00088-CV
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IN RE DAVID L. SHELLER AND SHELLER LAW FIRM, PLLC, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, David L. Sheller and Sheller Law Firm, PLLC, filed a petition for

writ of mandamus challenging the trial court’s December 23, 2025 “Order

Overruling [Relators’] Special Exceptions,” and “Order Denying [Relators’]

Amended Traditional Motion for Summary Judgment.”1 Relators requested that this

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The underlying case is Bayko, Prebeg, Faucett & Abbott, PLLC, f/k/a Prebeg,
Faucett & Abbott, PLLC v. David L. Sheller, Sheller Law Firm, PLLC and Carol
Sousa Individually and as the Representative of the Estate of Betty Jean Wilwerding,
Court grant their petition for writ of mandamus and “order that [real party in

interest,] Bayko, Prebeg, Faucett & Abbott, PLLC f/k/a Prebeg, Faucett & Abbott,

PLLC, take nothing on all claims and causes of action asserted in the [underlying

suit], [and] that their lawsuit be dismissed with prejudice.”

We conclude that relators have failed to establish they are entitled to

mandamus relief, and therefore, the Court denies relators’ petition for writ of

mandamus. We dismiss any pending motion as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Dokupil.

Cause No. 2023-68345, in the 281st District Court of Harris County, Texas, the
Honorable Christine Weems presiding.

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