in Re Silver Hays, Relator

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00019-CV
IN RE SILVER HAYS, RELATOR
ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
April 1, 2021
ORDER OF DISMISSAL
Before QUINN, C.J., and PARKER and DOSS, JJ.
Pending before the court is a petition for writ of mandamus. It involves whether
the Honorable Delwin McGee, County Court at Law for Moore County, Texas (trial court)
abused his discretion in disqualifying counsel for Silver Hays, said counsel being Briar L.
Wilcox. Hays contended it did, and Wilcox petitioned for mandamus relief on her behalf
to confirm that belief. Since the original petition was filed, the trial judge who signed the
disqualification order recused himself. Thereafter, the Honorable John B. Board was
assigned to preside over the cause. That resulted in our abating the cause to afford the
newly assigned judge opportunity to reconsider the order of disqualification, an
opportunity of which our Supreme Court approved in In re Blevins, 480 S.W.3d 542 (Tex.
2013) (orig. proceeding) (per curiam). Reconsideration occurred, and the request to
disqualify was denied and the prior order granting same was vacated. Disqualification
being denied, the original order underlying this mandamus proceeding and the argument
surrounding its propriety are moot. Consequently, we dismiss the petition for writ of
mandamus as moot.
Per Curiam
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