Opinion
14-23-00039-CV
04-18-2023
IN RE RAMESH KAPUR, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2019-38863
Panel consists of Justices Wise, Jewell, and Poissant.
ORDER
PER CURIAM
On January 20, 2023, relator Ramesh Kapur filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator asked this court to compel the Honorable Scott Dollinger to vacate his December 12, 2022 order vacating the summary judgment order and Hughyun International, LLC's motion to vacate, modify, or correct the summary judgment and motion to extend postjudgment deadlines.
Because Judge Dollinger ceased to hold the office of Judge of the 189th District Court, Harris County, Texas, we abated this mandamus proceeding to permit the respondent's successor, the Honorable Tamika Craft-Demmingg, 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.").
We issued an abatement order on January 26, 2023, and a continuing abatement order on March 9, 2023, treating this proceeding as a closed case and removing it from the court's active docket. On March 17, 2023, Judge Craft-Demming signed an order upholding Judge Dollinger's ruling.
We, therefore, ORDER that this proceeding is reinstated on the court's active docket.
We further request that real parties in interest file a response to the petition on or before May 3, 2023.