Laches and Mandamus

Twice in recent days, the Fifth Court has reminded: “A relator who delays seeking mandamus relief, even a delay of only a few months, may waive the right to mandamus unless the relator can justify the delay.” So when planning for a potential mandamus, try to avoid having this sentence appear in the opinion about it:

“Based on the petition and the record before us, relators waited until the eve of trial and over ten months from the challenged ruling before seeking mandamus relief.”

E.g., In re Auto Club County Mut. Ins. Co., No. 05-24-00867-CV (July 24, 2024) (mem. op.).