Opinion
No. 04-18-00852-CV
01-24-2019
IN RE ANDERSON COLUMBIA CO., INC.
This proceeding arises out of Cause No. 15-03-31056-MCV, styled Jerold Givens, et al. v. Salatiel Polanco, et al., pending in the 293rd Judicial District Court, Maverick County, Texas. The Honorable Gloria Saldana signed the complained-of order.
ORDER
Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Irene Rios, Justice
In this original proceeding, relator complains of an order, signed on September 27, 2018, by the Honorable Gloria Saldana in which Judge Saldana granted a mistrial in the underlying proceedings. When Judge Saldana signed the order, she had been appointed as a visiting judge for the Honorable Cynthia Muniz, the presiding judge of the 293rd District Court, Maverick County.
On January 9, 2019, relator filed a Motion to Abate asking this court to abate this matter and return it to the current presiding judge of the 293rd District Court pursuant to Texas Rule of Appellate Procedure 7.2. According to relator, the matter should be abated because Judge Muniz' term has expired; on January 1, 2019 the Honorable Maribel Flores assumed the office of Judge of the 293rd District Court; and on January 1, 2019 Judge Saldana assumed the office of Judge of Bexar County Court at Law No. 9. The real parties in interest objected to the motion to abate asserting this court retains the authority to issue a writ of mandamus against Judge Saldana because she has not left office and remains the presiding judge of the underlying proceedings.
When one named in her official capacity as a party to an original proceeding no longer holds the office, abatement is required to allow that party's successor to "reconsider the original party's decision." See TEX. R. APP. P. 7.2(b). Accordingly, we ORDER the substitution of Judge Maribel Flores as respondent in this original proceeding, see TEX. R. APP. P. 7(a), and ABATE the case for 60 days from the date of this order. During the period of abatement, relator shall present to Judge Flores each issue made the subject of the pending petition for writ of mandamus and obtain a ruling on each.
Relator is further ORDERED to file in this court either an amended petition and appendix or the appropriate motion to dismiss this mandamus proceeding no later than 15 days following Judge Flores' ruling.
It is so ORDERED on January 24, 2019.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle,
Clerk of Court