Opinion issued August 4, 2026
In The
Court of Appeals
For The
First District of Texas
NO. 01-26-00586-CV
IN RE ESPERANZA COLIN GARFIAS, ALICIA COLIN GARFIAS, AS
NEXT FRIEND OF W.E.C.E., A MINOR, AND KEITH MORRIS, ON
BEHALF OF THE ESTATE OF ERIC CAMACHO COLIN, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Esperanza Colin Garfias, Alicia Colin Garfias, as next friend of
W.E.C.E., a minor, and Keith Morris, on behalf of the Estate of Eric Camacho Colin,
filed a petition for writ of mandamus asserting that the trial court failed to perform
its ministerial duty to sign an order of dismissal following a notice of nonsuit filed by relators, and by denying relators’ “Motion to Sign Dismissal and Determine
Guardian Ad Litem Fees.”1
In connection with their petition for writ of mandamus, relators also filed a
“Motion for Temporary Relief.” In the motion, relators requested that the Court stay
the underlying trial court proceedings pending review of the petition. On June 11,
2026, the Court granted relators’ motion, stayed the underlying trial court
proceedings, and requested a response to the petition for writ of mandamus from real
party in interest, Natalia A. Cruz, the court-appointed guardian ad litem. Cruz filed
a response to the petition for writ of mandamus on July 21, 2026.
On July 23, 2026, relators filed a “Motion to Strike Tab F of [Cruz’s]
Supplemental Mandamus Record.” In the motion, relators stated that Cruz’s
supplemental mandamus record included email correspondence between relators’
counsel and Cruz which was “never presented to the trial court.” Relators therefore
requested that Tab F “be stricken” from the mandamus record.
Also on July 23, 2026, relators filed an “Emergency Motion to Restrict
Remote Access, Permit Substitute Redacted Mandamus Records, and Protect [Texas
Rule of Civil Procedure] 173.5 Communications.” In this motion, relators noted that
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The underlying case is Esperanza Colin Garfias, Alicia Colin Garfias, as next friend
of W.E.C.E., a Minor, and Keith Morris, on Behalf of the Estate of Eric Camacho
Colin, Cause No. 2024-76394, in the 164th District Court of Harris County, Texas,
the Honorable C. Elliott Thornton presiding.
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Cruz’s response and supplemental mandamus record “contain[ed] sensitive data and
potentially privileged communications,” including a minor child’s “full name,
complete date of birth, and home address.” Such information is protected sensitive
data which may not be publicly disclosed in filings. See TEX. R. APP. P. 9.9(a).
Relators further state that Cruz’s response and supplemental mandamus record
include potentially “protect[ed] privileged documents.”
Also on July 23, 2026, Cruz filed an “Emergency Motion for Leave to
Substitute a Corrected Redacted Supplemental Mandamus Record, to Restrict
Remote Access to the Previously Filed Version, and Response to Portions of
Relators’ Emergency Motion.” In her motion, Cruz stated that her response and
supplemental record “did not reflect the intended redactions” and that she
“immediately began preparing a corrected” supplemental mandamus record.
Due to the issues addressed in the above-referenced motions filed by all
parties, and to avoid any possibility of confidential or sensitive information being
publicly available, we strike Cruz’s July 21, 2026 response to the petition for writ of
mandamus, including her supplemental mandamus record, from the Court’s records.
We further conclude that relators have failed to establish they are entitled to
mandamus relief, and therefore, the Court lifts the stay imposed by our June 11, 2026
order and denies relators’ petition for writ of mandamus. We dismiss any pending
motions as moot.
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PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
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