On November 2, 2021, the Cameron County Civil Legal Division filed a “Motion for En Banc Reconsideration and Request for Stay,” with the 13th Court of Appeals, in cause 13-21-00309-CV.
This filing is tied to the Original Petition of Mandamus filed within the same cause. The mandamus request was initially filed, due to the decision of the trial court to remove a member of the Cameron County Governments legal counsel. The matter of removal is in association with the Courthouse Security lawsuit filed by the County Government on its Sheriff (445th District Court, Cause 2021-DCL-2243).
Per our previous publishing, it seems the Cameron County Government may have the same concern on the matter; specifically, we could not figure out which argument presented, by the County Government, did not meet the merits the Court expected. The opinion of the Court did not seem to address the topic.
Although, it is said en banc considerations are not favored, the process does allow for this move before decided to appeal a judgement of the 13th Court to the Supreme Court of Texas.
The opposing party will have until the 22nd of November to file a response to the motion filed on November 2nd.