Opinion
01-23-00017-CV
05-11-2023
In re Felipe N. Gomez
Trial court: 189th District Court of Harris County Trial court case number: 2022-59121
ORDER
Richard Hightower, Judge.
On January 24, 2023, this Court issued an order abating this proceeding and remanding to the trial court to permit the successor judge to reconsider the December 5, 2022 judgment signed after the relator filed a nonsuit. Rule 7.2(b) requires abatement to allow the successor to reconsider the original respondent's ruling. See Tex. R. App. P. 7.2(b).
In connection with this reconsideration, this Court asked the trial court clerk to file a supplemental clerk's record, containing either the successor judge's order or a statement from the successor judge that no action will be taken. This Court asked for this supplemental record to be filed within 30 days of that order, or by February 23. 2023. No record was filed.
On March 30, 2023, the Court issued a follow-up order, requesting the filing of the supplemental clerk's record by April 15, 2023. Again, no record was filed.
On April 28, 2023, real party in interest, Wolfgang P. Hirczy De Mino, filed a motion to lift the abatement and remand to the trial court and to reinstate the proceeding on the active docket. In that motion, De Mino stated that the trial court's plenary power had expired. But Rule 7.2 requires this Court to abate and remand to the trial court under these circumstances and therefore, the order remanding to permit the successor judge to reconsider the predecessor's ruling gives the successor judge the power to reconsider the December 5, 2022 judgment.
Accordingly, this Court directs the successor judge, the Honorable Tamika Craft-Demming, to comply with this Court's January 24, 2023 order requiring the filing of a supplemental clerk's record containing the decision of the trial court whether to reconsider the December 5, 2022 judgment or to take no action. This supplemental clerk's record shall be filed within 15 days of the date of this order. If the supplemental record is not filed within 15 days of the date of this order, this Court will construe this as a decision by the trial court to take no action with respect to the December 5, 2022 judgment.
It is so ORDERED.