Opinion
08-23-0072-CV
09-15-2023
Appeal from the Probate Court No. 2 of El Paso County, Texas (TC# 2016-CPR00081)
Before Rodriguez, C.J., Palafox and Marion, C.J. (Ret.)
Marion, C.J. (Ret.) sitting by assignment
ORDER
PER CURIAM
On June 21, 2023, this Court abated the appeal and remanded to the trial court for further proceedings. On July 10, 2023, we received a letter from Judge Eduardo A. Gamboa notifying this Court that he recused himself from the underlying case. On September 14, 2023, this Court received a supplemental clerk's record containing an order from the Statutory Probate Courts of Texas assigning this case to the Honorable David W. Jahn, a Denton County Probate Court judge.
Pending before this Court is Michael R. Nevarez's motion to withdraw as attorney of record. On June 12, 2023, Appellant Alfonso E. Chavez filed a response opposing the motion. Also pending before this Court is Appellant's motion for contempt and court sanctions against Michael R. Nevarez filed August 23, 2023. We refer Michael Nevarez's motion to withdraw and Appellant's motion for contempt and sanctions to the trial court.
The trial court is ORDERED to conduct a hearing on the motions before October 15, 2023. The trial court, based on its findings, shall render orders on both motions. The trial court shall forward its findings of fact and conclusions of law to the County Clerk of El Paso County, Texas, on or before October 15, 2023. The County Clerk shall prepare and forward a supplemental clerk's record containing the findings of fact and conclusions of law and forward the same to this Court on or before October 25, 2023. Further, the transcript of the hearing shall be prepared, certified, and filed with this Court on or before October 25, 2023. This appeal will be reinstated upon the date the complete supplemental clerk's record and reporter's record is filed with this Court.
IT IS SO ORDERED