Fourteenth Court of Appeals Dismisses Attorney’s Sanctions Appeal as Moot Following Mandamus Relief

McKeand v. Lansdown, 14-24-00420-CV, February 26, 2026.

On appeal from the 505th District Court of Fort Bend County

Synopsis

The Fourteenth Court of Appeals dismissed an attorney’s challenge to a sanctions order as moot because the court had already granted mandamus relief directing the trial court to vacate that same order. Additionally, the court determined it lacked jurisdiction to review a three-year-old disqualification order because the appellant failed to challenge it via mandamus at the time of the ruling or via a timely appeal from the final judgment in the underlying modification proceeding.

Relevance to Family Law

In the high-stakes arena of SAPCR (Suit Affecting the Parent-Child Relationship) litigation, procedural precision regarding the finality of orders is paramount. This case serves as a critical reminder that modification proceedings result in independent final judgments; therefore, interlocutory errors committed during a modification phase—such as the disqualification of counsel—must be challenged then, rather than during a subsequent, unrelated enforcement action. Furthermore, for practitioners managing parallel mandamus and appellate tracks for sanctions, this opinion clarifies that a victory in the original proceeding effectively extinguishes the court’s jurisdiction over the direct appeal of the same issue under the mootness doctrine.

Case Summary

Fact Summary

Appellant David McKeand, a Texas attorney, represented Renee Sizemore in a contentious custody and divorce dispute against Daniel Lansdown. In June 2021, the trial court removed McKeand as counsel, citing a conflict of interest under the Texas Disciplinary Rules of Professional Conduct. McKeand did not challenge this removal via mandamus, and the underlying modification suit eventually proceeded to a final jury trial and a final order in September 2022.

In 2023, during a subsequent enforcement proceeding concerning medical expenses and name changes, Lansdown sought sanctions against McKeand, alleging that McKeand had filed a motion for rehearing on behalf of Sizemore without her knowledge or consent. On July 25, 2023, the trial court signed a final judgment awarding Lansdown $10,000 in sanctions against McKeand. McKeand challenged this order through both a petition for writ of mandamus and a direct appeal. By the time this appeal reached the merits, the Fourteenth Court of Appeals had already granted mandamus relief in the parallel proceeding, ordering the trial court to vacate the sanctions.

Issues Decided

1. Does an appellate court retain jurisdiction over an appeal of a sanctions order once that order has been vacated pursuant to a parallel mandamus proceeding?
2. Can an attorney challenge a prior disqualification order in an appeal arising from a subsequent, unrelated enforcement judgment?

Rules Applied

The court relied on the established mootness doctrine, citing National Collegiate Athletic Association v. Jones, 1 S.W.3d 83 (Tex. 1999), which prohibits appellate courts from deciding controversies that no longer have a practical effect on an existing dispute. Regarding finality, the court applied Bilyeu v. Bilyeu, 86 S.W.3d 278 (Tex. App.—Austin 2002, no pet.), which holds that in SAPCR modification suits, the resulting order constitutes a new final judgment. The court also looked to Arndt v. Farris, 633 S.W.2d 497 (Tex. 1982), regarding the appealability of monetary sanctions once reduced to a judgment, and Texas Rule of Appellate Procedure 25.1 concerning the jurisdictional timelines for filing a notice of appeal.

Application

The court’s analysis centered on the jurisdictional boundaries of a “live controversy.” Because the court had already issued a memorandum opinion in the related mandamus proceeding (In re McKeand, No. 14-24-00052-CV) directing the trial court to set aside the $10,000 sanction, the legal injury complained of in the majority of McKeand’s appellate issues had been redressed. Consequently, issues three through seven, nine, and ten were rendered moot, as any further ruling would constitute an impermissible advisory opinion.

As for the 2021 disqualification order, the court engaged in a narrative of procedural finality. It noted that the modification suit concluded with a final, appealable judgment in September 2022. Because the removal of counsel is an interlocutory ruling, it must be challenged either by a timely petition for writ of mandamus or by a direct appeal following the final judgment of the specific proceeding in which the order was entered. Since McKeand waited until a 2024 appeal of a separate enforcement judgment to raise the 2021 disqualification, his notice of appeal was several years too late to vest the court with jurisdiction over that issue.

Holding

The Court of Appeals held that it lacked subject-matter jurisdiction over the issues pertaining to the sanctions order. Because the order had been vacated by prior mandamus relief, there was no longer a live controversy for the court to resolve, necessitating the dismissal of those issues as moot.

The court further held that it lacked jurisdiction over the challenge to the attorney’s removal. The court reasoned that the disqualification occurred in a prior modification proceeding that had reached a final judgment in 2022; because the appellant failed to file a timely notice of appeal from that judgment, the court could not review interlocutory orders from that phase of the litigation in a subsequent appeal from an enforcement order.

Practical Application

For family law litigators, this case highlights the danger of “procedural carryover.” Practitioners should treat each phase of a family law case—initial decree, modification, and enforcement—as distinct silos for the purposes of finality and appellate deadlines. If a trial court removes you as counsel, the time to act is immediate via mandamus; waiting until the end of the entire history of the case is a jurisdictional death knell. Additionally, when pursuing “belt and suspenders” relief (mandamus and direct appeal) for sanctions, counsel must recognize that a win on the mandamus track will immediately terminate the appellate track.

Checklists

Managing Sanctions and Parallel Proceedings

• Determine Appealability: Verify if the sanction is a “death penalty” sanction (requiring mandamus) or a monetary sanction reduced to a final judgment (permitting direct appeal).
• File Parallel Tracks: If the sanction’s impact is immediate, file the petition for writ of mandamus while simultaneously filing a notice of appeal to preserve all jurisdictional bases.
• Monitor for Mootness: If the appellate court grants mandamus relief, prepare to voluntarily dismiss the direct appeal or face a dismissal for want of jurisdiction.

Preserving Disqualification Issues

• Mandamus is Primary: Seek mandamus relief immediately upon the entry of an order of disqualification; do not wait for a final judgment.
• Identify the Correct “Final Judgment”: In SAPCR litigation, remember that the modification order is the final judgment. Ensure any interlocutory complaints from the modification phase are filed within 30 (or 90) days of the modification order, not a later enforcement order.
• Notice of Appeal Specificity: Ensure the notice of appeal specifically encompasses the interlocutory orders intended for review if they were not merged into the final judgment being appealed.

Citation

McKeand v. Lansdown, No. 14-24-00420-CV, 2026 WL ______ (Tex. App.—Houston [14th Dist.] Feb. 26, 2026, no pet. h.) (mem. op.).

Full Opinion

View the full opinion here.

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