Opinion
14-22-00867-CV
10-19-2023
IN RE PENSKE LOGISTICS LLC, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 189th District Court Harris County, Texas Trial Court Cause No. 2022-40178
Panel consists of Justices Wise, Jewell, and Poissant.
MEMORANDUM OPINION
PER CURIAM
On November 23, 2022, relator Penske Logistics LLC 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. In the petition, relator asks this Court to compel the Honorable Tamika Craft-Demming, presiding judge of the 189th District Court of Harris County, to vacate the trial court's October 17, 2022 order denying relator's Rule 91a motion to dismiss.
On October 17, 2022, Judge Scot Dollinger denied relator's Rule 91a motion to dismiss. Because after December 31, 2022 Judge Dollinger ceased to hold the office of Judge of the 189th District Court, we abated this proceeding to permit Judge Craft-Demming to consider the order underlying relator's request for relief. On February 8, 2023, Judge Craft-Demming notified this Court that she "concur[red] with the entire Order signed by Judge Scott [sic] Dollinger on October 17th, 2022 . . .." Thus, we reinstated this original proceeding.
Relator has not established that it is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.