In Re Cortney Austin v. the State of Texas

Opinion

Fourth Court of Appeals

San Antonio, Texas

November 5, 2025

No. 04-25-00300-CV

IN RE Cortney AUSTIN

Original Mandamus Proceeding 1

ORDER

Sitting: Irene Rios, Justice Adrian A. Spears II, Justice Velia J. Meza, Justice

On May 12, 2025, relator, Cortney Austin, filed a petition for writ of mandamus. The real party in interest, Jacob See, filed a response. After reviewing the petition and response, we have determined that relator is entitled to the relief requested. Accordingly, the petition for writ of mandamus is CONDITIONALLY GRANTED. See TEX. R. APP. P. 52.8(c).

Within fifteen (15) days from the date of this order, respondent, the Honorable Cynthia Marie Chapa, is ORDERED to: (1) vacate the Order Granting Original Petition for Bill of Review; and (2) reinstate the December 4, 2023 default judgment in cause number 2023-CI-05626. The writ will issue only if we are notified that Judge Chapa has not complied with this order.

It is so ORDERED on November 5, 2025.

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Velia J. Meza, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of November, 2025.

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Caitlin A. McCamish, Clerk of Court

1 This proceeding arises out of Cause No. 2024-CI-16670, styled Jacob See v. Cortney Austin, pending in the 438th Judicial District Court, Bexar County, Texas, the Honorable Cynthia Marie Chapa presiding.