Opinion
04-24-00340-CV
06-04-2024
IN RE AMAZON LOGISTICS, INC.
From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2021CI16797 Honorable David A. Canales, Judge Presiding
ORDER
PER CURIAM
On May 17, 2024, relator filed a petition for writ of mandamus. Relator's petition asks this court to issue a writ of mandamus and order the respondent, the Honorable David A. Canales, to vacate his January 24, 2024 order denying relator's motion to dismiss pursuant to Texas Rule of Civil Procedure 91a. However, on February 1, 2024, the respondent retired from the bench and ceased to hold office.
"Although a particular respondent is not critical in a mandamus proceeding, the writ must be directed to someone." In re Blevins, 480 S.W.3d 542, 543 (Tex. 2013) (orig. 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). Accordingly, Texas Rule of Appellate Procedure 7.2 provides that in an original proceeding where the judge who signed the challenged order has ceased to hold office, "the court must abate the proceeding to allow the successor to reconsider the original party's decision." Tex.R.App.P. 7.2(b).
For these reasons, we ABATE this original proceeding until August 5, 2024 to allow relator to ask the successor judge to reconsider the denial of its Rule 91a motion. Should the successor judge rule prior to the expiration of the abatement, relator may file an amended petition and motion to lift the abatement.
It is so ORDERED.