Fourth Court of Appeals San Antonio, Texas January 2, 2020 No. 04-19-00785-CV IN RE David Wayne SPINKS Original Mandamus Proceeding 1 ORDER On November 6, 2019, relator filed a petition for writ of mandamus, the real party in interest responded, and relator replied. After reviewing the petition, response, reply, and the record, we conclude relator is entitled to the relief requested. Accordingly, the petition for writ of mandamus is CONDITIONALLY GRANTED. TEX. R. APP. P. 52.8(c).

The Honorable Susan Harris is ORDERED to: (1) vacate her September 20, 2019 “Order Denying Motion to Vacate and Set Aside Order Granting New Trial” and (2) set aside her July 10, 2019 “Order Granting Motion for New Trial.” The writ will issue only in the event we are notified Judge Harris fails to comply within fifteen days from the date of this opinion.

It is so ORDERED on January 8, 2020.

_____________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of January, 2019.

_____________________________ Michael A. Cruz, Clerk of Court

This proceeding arises out of Cause No. 1909C, styled In the Matter of the Marriage of David Wayne Spinks v. Becky Sue Detimore, pending in the County Court, Kerr County, Texas, the Honorable Susan Harris presiding.