Opinion
NO. 14-20-00865-CV
01-12-2021
IN RE CHRISTOPHER DUPUY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
On Appeal from the 333rd District Court Harris County, Texas
Trial Court Cause No. 2019-89958
ORDER
On December 29, 2020, relator Christopher Dupuy filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Daryl L. Moore, Judge of the 333rd District Court, in Harris County, Texas, to set aside his December 7, 2020 order denying relator's Rule 91a motion to dismiss.
See Tex. R. Civ. P. 91a. --------
Because Judge Moore ceased to hold the office of Judge of the 333rd District Court, Harris County, Texas, we are required to abate this mandamus proceeding to permit the respondent's successor, the Honorable Brittanye Morris, to consider the decision regarding relator's request for relief. See Tex. R. App. P. 7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding) ("Mandamus will not issue against a new judge for what a former one did.").
Therefore, we abate this proceeding, treat it as a closed case, and remove it from the court's active docket. This original proceeding is abated until February 11, 2021, to permit Judge Morris to consider the order underlying relator's request for relief. On or before that date, Judge Morris shall advise the court of the action taken on relator's request by filing a signed order reflecting her ruling concerning relator's request for relief with this court. The court will then consider a motion to reinstate or dismiss the original proceeding, as appropriate.
PER CURIAM Panel Consists of Justices Bourliot, Zimmerer, and Spain.