In Re: Sarah Downing v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJuly 30, 2024
Docket05-24-00770-CV
StatusPublished

This text of In Re: Sarah Downing v. the State of Texas (In Re: Sarah Downing 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.

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In Re: Sarah Downing v. the State of Texas, (Tex. Ct. App. 2024).

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

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