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In re Tex. Dep't of Family & Protective Servs.

Court of Appeals of Texas, Fourth District, San Antonio
Jul 22, 2024
No. 04-24-00395-CV (Tex. App. Jul. 22, 2024)

Opinion

04-24-00395-CV

07-22-2024

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES


From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01945 Honorable Mary Lou Alvarez, Judge Presiding

Sitting: Luz Elena D. Chapa, Justice, Beth Watkins, Justice, Liza A. Rodriguez, Justice

ORDER

PER CURIAM.

On June 10, 2024, relator filed a petition for writ of mandamus and a motion for temporary emergency relief asking this court to stay certain rulings made by the respondent. On June 26, 2024, we granted the motion for emergency relief and invited the respondent and the real party in interest to file a response to the petition. On July 15, 2024, we granted the real party in interest an extension of time to file a response.

This court's records in Cause Number 04-24-00219-CV, a different appellate proceeding that arises out of the same trial court matter, show that on July 17, 2024, the presiding administrative judge signed an order granting relator's motion to recuse the respondent in this case "for all purposes." The July 17, 2024 recusal order is potentially relevant in this cause number because the Texas Rules of Appellate Procedure provide that in an original proceeding where the judge who signed the challenged order has ceased to hold office, "the court must abate the proceeding to allow the successor to reconsider the original party's decision." Tex.R.App.P. 7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding) ("Mandamus will not issue against a new judge for what a former one did."); In re Blevins, 480 S.W.3d 542, 543-44 (Tex. 2013) (orig. proceeding) (per curiam) (abating for reconsideration by successor judge after original judge recused).

For these reasons, we ORDER the parties to file a written advisory in this court regarding the respondent's status by August 1, 2024. The real party in interest's deadline to file a response to the petition is suspended pending our review of the parties' written advisory.

It is so ORDERED.


Summaries of

In re Tex. Dep't of Family & Protective Servs.

Court of Appeals of Texas, Fourth District, San Antonio
Jul 22, 2024
No. 04-24-00395-CV (Tex. App. Jul. 22, 2024)
Case details for

In re Tex. Dep't of Family & Protective Servs.

Case Details

Full title:IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 22, 2024

Citations

No. 04-24-00395-CV (Tex. App. Jul. 22, 2024)