In Re Cedric M. Scott, PhD v. the State of Texas

CourtCourt of Appeals of Texas
DecidedDecember 9, 2025
Docket15-25-00227-CV
StatusPublished

This text of In Re Cedric M. Scott, PhD v. the State of Texas (In Re Cedric M. Scott, PhD v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Cedric M. Scott, PhD v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

ACCEPTED 15-25-00227-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/9/2025 1:24 AM CHRISTOPHER A. PRINE CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 12/9/2025 1:24:20 AM CHRISTOPHER A. PRINE Clerk

Case No. 15-25-00227 - CV (Transferred from the Third Court of Appeals)

IN RE CEDRIC M. SCOTT, PhD Relator, Pro Se

v.

GENERAL LAND OFFICE OF THE STATE OF TEXAS Real Party of Interest

Original Proceeding from the 250th Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-GN-25-000006

RELATOR’S MOTION FOR EMERGENCY RELIEF TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Relator, Cedric M. Scott, PhD1, respectfully requests this Court for

emergency temporary relief under Texas Rule of Appellate Procedure 52.10 to

preserve her rights and prevent irreparable harm while the Court considers her

Petition for Writ of Mandamus filed December 5, 2025 and accepted for filing on

December 8, 2025.

Emergency intervention is necessary because the orders issued by former

presiding Judge Cory R. Liu—including orders compelling Relator’s deposition,

denying dispositive motions, and affecting the procedural posture of the case—

were issued while Judge Liu was constitutionally disqualified from the onset this

whistleblower case. As such, the orders are void ab initio, and enforcement of

them would inflict additional irreparable harm on Relator, who currently has no

successor trial judge available to correct or vacate the void orders.

I. RELIEF REQUESTED

Under TRAP 52.10, Relator respectfully requests that this Court:

1. Stay enforcement of all orders issued by Judge Cory R. Liu in Cause No. D-1-GN-25-000006, including but not limited to:

• The order compelling Relator to appear for deposition,

1 Plaintiff’s first name is pronounced See-Drick and not Said-Drick. Gender is female, and pronouns are she, her, and hers.

2 • The order setting hearings on motions,

• The denial of Relator’s dispositive motions, and

• Any procedural directives affecting Relator’s rights.

2. Preserve the status quo by prohibiting GLO or its counsel from attempting

to enforce or rely upon the void orders pending this Court’s final resolution

of the mandamus.

3. Order the Real Party in Interest not conduct any deposition, hearing,

conference, or other litigation activity based on orders issued by Judge Liu

while disqualified.

4. Grant any further emergency relief necessary to protect the Court’s

jurisdiction and prevent further irreparable harm.

II. EMERGENCY RELIEF IS NECESSARY TO PREVENT IRREPARABLE HARM

Emergency relief is appropriate where temporary orders are needed to

protect the Court’s jurisdiction or prevent harm that cannot be remedied on

appeal. Tex. R. App. P. 52.10(a).

A. Enforcement of Void Orders Constitutes Irreparable Harm

Under Tex. Const. art. V, § 11, a judge who previously represented a party is

constitutionally disqualified. Orders issued during disqualification are:

• Void,

3 • Unenforceable, and

• Subject to mandamus relief.

See Buckholts I.S.D. v. Glaser, 632 S.W.2d 146, 148–49 (Tex. 1982).

Requiring Relator to comply with void orders—especially a compelled

deposition order—would inflict harm that cannot be cured through appellate

review, satisfying the standard for temporary relief.

B. Relator Has No Functional Trial Court

Judge Liu recused himself on November 21, 2025, and as of this filing:

• No successor judge has been appointed,

• Void orders remain unaddressed, and

• The trial court is unable to act.

Relator thus has no avenue to seek relief in the trial court, satisfying the

requirement that emergency intervention is necessary to preserve her rights.

C. Continued Delay Compounds Professional and Financial Harm

Relator has been without comparable employment since December 3, 2024

and continues to experience ongoing blacklisting. Every additional week of

litigation paralysis:

• Compounds economic loss,

• Delays relief under the Texas Whistleblower Act, and

• Worsens the prejudice caused by void orders and procedural breakdown.

4 The Texas Supreme Court recognizes that where “delay will permanently

prejudice the rights of the parties,” emergency relief may be warranted. In re

McAllen Med. Ctr., 275 S.W.3d 458, 466 (Tex. 2008).

III. EMERGENCY RELIEF IS NECESSARY TO PRESERVE THE COURT’S JURISDICTION

If the Court does not issue a temporary stay, GLO may attempt to:

• Enforce the void deposition order,

• Continue litigation activity without judicial authority,

• Take actions premised on void rulings, or

• Create additional procedural complications that frustrate appellate

review.

Issuing temporary relief under TRAP 52.10 prevents the Real Party from

relying on void orders in a manner that could moot or undermine the mandamus.

IV. REQUEST FOR TEMPORARY RELIEF WITHOUT PRIOR NOTICE

Under Texas Rule of Appellate Procedure 52.10(b), the Court may grant

temporary relief without prior notice where immediate intervention is necessary

to prevent irreparable injury or to protect the Court’s jurisdiction. This is such a

case. Relator respectfully submits that emergency relief without prior notice is

warranted because:

5 1. There is currently no successor judge to whom Relator can apply for

vacatur of the void orders. Since Judge Liu’s recusal on November 21, 2025,

the trial court has been unable to act, leaving Relator without any avenue for

relief at the trial-court level.

2. All operative orders were issued by a constitutionally disqualified judge,

rendering them void ab initio. Enforcement of void orders constitutes

immediate and irreparable harm that cannot be remedied on appeal.

3. The compelled deposition order presents imminent harm because GLO

intends to enforce a deposition, notwithstanding Judge Liu’s disqualification

and the absence of judicial oversight. Requiring Relator to comply with a

void deposition order would undermine the integrity of the judicial process

and prejudice the mandamus proceeding itself.

4. The Real Party in Interest continues to benefit from procedural paralysis,

while Relator continues to suffer ongoing blacklisting, loss of comparable

employment, and increasing prejudice with each week of delay.

5. Temporary relief is necessary to preserve the status quo so that the Court

may fully and fairly exercise its jurisdiction over the pending mandamus

petition. Without a stay, the Real Party may take actions—such as attempting

to enforce void orders or conduct discovery—that would create procedural

complications or moot portions of the mandamus before this Court can rule.

6 Because the harm is ongoing, immediate, and cannot be corrected later,

Relator respectfully requests that the Court issue temporary relief without awaiting

a response, as permitted by TRAP 52.10(b). Given the imminent risk of irreparable

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Related

In Re McAllen Medical Center, Inc.
275 S.W.3d 458 (Texas Supreme Court, 2008)
Buckholts Independent School District v. Glaser
632 S.W.2d 146 (Texas Supreme Court, 1982)

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In Re Cedric M. Scott, PhD v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cedric-m-scott-phd-v-the-state-of-texas-texapp-2025.