Opinion
01-22-00353-CV
08-08-2023
In re Darlene Payne Smith
Probate Court No 2 of Harris County Trial court case number: 468981
ORDER
PETER KELLY, JUDGE
On May 4, 2022, this Court issued an order abating this proceeding and remanding to the trial court for the successor judge to reconsider the predecessor judge's April 22, 2022 order that is being challenged in this mandamus proceeding. Relator, Darlene Payne Smith, filed a petition for writ of mandamus seeking to vacate the Honorable Michael Newman's April 22, 2022 order requiring relator Smith to post a bond on or before May 11, 2022 in the amount of $225,000 to secure the attorneys' fees of the real party in interest, Stephanie McGuire
When the trial judge who issued the order being challenged in a mandamus proceeding, Texas Rule of Appellate Procedure 7.2(b) requires an appellate court to "abate the [original] proceeding to allow the successor to reconsider the original party's decision." TEX. R. APP. P. 7.2(b). This requirement to abate and remand does not relate to the merits or this Court's possible disposition. Rule 7.2(b) requires this Court to abate and remand and this Court cannot move forward on this mandamus proceeding without the trial court's decision whether to reconsider the April 22, 2022 order or not.
Accordingly, the case continues to remain ABATED and REMANDED to the trial court. The Court requested the filing of supplemental clerk's record and reporter's records within 40 days of the May 4, 2023 order. A supplemental reporter's record was filed on June 14, 2023, which indicated that the trial court was taking the matter under advisement. No supplemental clerk's record with the trial court's decision has been filed.
The Court requests the trial court to file within 15 days a supplemental clerk's record the trial court's decision whether or not to reconsider the predecessor judge's April 22, 2022 order .
It is so ORDERED.