in Re: Liliana Sanchez Mendez ( 2022 )

Order entered November 18, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01070-CV
IN RE LILIANA SANCHEZ MENDEZ, Relator
Original Proceeding from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-21-18680
ORDER
Before Chief Justice Burns and Justices Partida-Kipness and Smith
This original proceeding challenges the June 14, 2022 order granting a new
trial signed in the 301st District Court of Dallas County, Texas by the Honorable
Mary Brown, who has since recused herself from the case. The case was ultimately
transferred to the 254th District Court of Dallas County, Texas.
When the original trial judge who rendered the disputed order voluntarily
recuses herself but continues to hold office, the appellate court should, in its
discretion, either deny the petition or abate the proceedings pending consideration
of the challenged order by the new trial judge. In re Blevins, 480 S.W.3d 542, 544
(Tex. 2013) (orig. proceeding).
Accordingly, we ABATE this original proceeding. This case is removed from
the Court’s active docket until further order of this Court, to allow the 254th District
Court to reconsider the ruling of the 301st Judicial District Court. We further
ORDER the parties to file a status report with this Court within TEN DAYS of any
ruling by the successor judge on real party in interest’s motion for new trial.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE