Opinion
05-23-01071-CV
03-26-2024
IN RE SPAN, INCORPORATED, Relator
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-23-02085-A
Before Justices Molberg, Goldstein, and Breedlove
ORDER
KEN MOLBERG, JUSTICE
In this original proceeding, relator seeks a writ of mandamus compelling the trial court to vacate its order denying relator's motion to transfer venue and issue a new order granting the motion pursuant to a mandatory venue provision. The challenged order was signed by the Honorable Lisa Burkhalter, a visiting judge sitting by assignment.
It has come to our attention that Judge Burkhalter's assignment expired on December 31, 2023. Rule 7.2(b) requires us to abate this proceeding to allow the successor judge, the Honorable D'Metria Benson, to reconsider the challenged order. See Tex. R. App. P. 7.2(b) ("If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party's decision.").
Accordingly, we ABATE this original proceeding. This case is removed from the Court's active docket until further order of this Court. We ORDER the parties to file a status report with this Court within TEN DAYS of any ruling by the successor judge required by rule 7.2(b).