Opinion
11-23-00028-CV
06-20-2024
IN RE JS EVERETT RANCHES, LTD.
Original Mandamus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM.
Relator, JS Everett Ranches, Ltd., has filed in this court a petition for writ of mandamus. The respondent listed in the petition for writ of mandamus is the Honorable Stephen E. Bristow, the former judge of the 90th District Court of Stephens County. It has come to this court's attention that Judge Bristow has retired and that the Honorable Phillip C. Gregory is now the presiding judge of the 90th District Court of Stephens County. On this court's own motion, we abate this appeal to allow Judge Gregory to reconsider the "Order Denying Defendant's Motion to Disqualify Jess N. Turner, III and Turner & Allen, P.C." that is the subject of this mandamus proceeding.
"Mandamus will not issue against a new judge for what a former one did." In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding); accord State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Rule 7.2 of the Texas Rules of Appellate Procedure provides that, when a public officer is a party in an official capacity in "an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party's decision." Tex.R.App.P. 7.2(b). Thus, "[a]s a new judge now presides over the trial court, Rule 7.2 requires abatement of this original proceeding to allow the successor to reconsider the order." In re Baylor, 280 S.W.3d at 228.
Accordingly, we abate this mandamus proceeding to give Judge Gregory an opportunity to consider Relator's motion to disqualify Jess N. Turner, III and Turner & Allen, P.C. and rule on same. This court directs Judge Gregory to reconsider the complained-of ruling made by Judge Bristow as reflected by the trial court's order signed on December 22, 2022, and to prepare and issue a written order ruling on the matter. The clerk of the trial court shall forward Judge Gregory's order to this court on or before September 30, 2024.