In Re: Sarah Downing v. the State of Texas

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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