Texas Cases June 22, 2021: Bruington v. Lake McQueeney Water Control & Improvement District No. 1

Case Description

From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 20-2549-CVC
The Honorable Margaret Garner Mirabal, Judge Presiding

ORDER

This is a precedential appeal arising from an election contest. See TEX. ELEC. CODE ANN. § 231.009. Appellants filed their notice of appeal on March 31, 2021. On May 27, 2021, appellees filed a "Motion to Expedite the Briefing Schedule and the Disposition of Appeal of this Election Contest." By their motion, appellees request (1) an expedited briefing schedule, (2) our refusal to entertain motions for rehearing, and (3) expedited issuance of the mandate. Appellants have filed their brief, and appellees have filed their response brief. Appellants oppose the appellees' motion but "in the spirit of cooperation" agree to file their reply brief by July 2, 2021.

Under section 231.009 of the Texas Election Code, "[a]n election contest has precedence in appellate courts and shall be disposed of as expeditiously as practicable." Id .; see Reese v . Duncan , 80 S.W.3d 650, 665 (Tex. App.—Dallas 2002, pet. denied) (refusing any motion for rehearing and directing the clerk to issue mandate immediately). We GRANT IN PART appellees' request to expedite the briefing schedule and ORDER appellants to file their reply brief on or before July 2 , 2021. We CARRY WITH THE APPEAL the remainder of the motion, including appellees' request for us to refuse motions for rehearing and to expedite the mandate.

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/s/ _________
Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of June, 2021.

/s/ _________
MICHAEL A. CRUZ, Clerk of Court