In Re: Sarah Downing v. the State of Texas

Opinion

DISMISSED and Opinion Filed July 30, 2024

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-24-00770-CV

IN RE SARAH DOWNING, Relator

Original Proceeding from the 68th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-20-18959

MEMORANDUM OPINION

Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Breedlove On June 26, 2024, relator filed a petition for writ of mandamus challenging

the trial court’s May 14, 2024 Order Granting Plaintiff’s Motion to Strike and Exclude Testimony From Defendant’s Expert Witness Don M. West, MD. On July 29, 2024, relator filed a motion to withdraw and to dismiss her petition. Relator explains that after this Court requested a response to relator’s petition, the trial court vacated the May 14, 2024 order at issue, rendering this original proceeding moot.

We grant relator’s motion and dismiss this original proceeding as moot. We also lift the stay issued by this Court’s July 11, 2024 order.

/Maricela Breedlove/

MARICELA BREEDLOVE

240770F.P05 JUSTICE