In re Buffalo Leasing Inc.

Full title: IN RE BUFFALO LEASING INC.

Court: STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Jan 31, 2018

No. 10-17-00375-CV (Tex. App. Jan. 31, 2018)

Opinion

No. 10-17-00375-CV

01-31-2018

IN RE BUFFALO LEASING INC.

PER CURIAM

Original Proceeding

ABATEMENT ORDER

Relator Buffalo Leasing Inc. petitions this Court to issue a writ of mandamus directing the Honorable Bascom W. Bentley III, former Judge of the 369th District Court of Leon County, to (1) vacate his order denying Relator's motion for leave to designate BRG Energy, Inc., as a responsible third party and (2) issue an order granting Relator's motion for leave to designate BRG Energy, Inc., as a responsible third party. Judge Bentley, however, has passed away. The Honorable C. Michael Davis is now the Judge of the 369th District Court of Leon County, and there is nothing in the record to indicate that Relator has asked Judge Davis to reconsider Judge Bentley's ruling.

In a previous mandamus proceeding in which the respondent had not sought reelection and a new judge was elected to his seat, this Court abated the proceeding to allow the relator an opportunity to present his motion to the newly-elected judge, obtain a ruling, and amend his petition. In re Whitfield, 134 S.W.3d 314, 315 (Tex. App.—Waco 2003, order) (per curiam); see TEX. R. APP. P. 7.2(b). We will follow a similar procedure in this case. If Judge Davis refuses to grant the relief sought, Relator may then amend its petition to specifically allege that Judge Davis denied the relief requested, and we would duly consider an amended petition. See Whitfield, 134 S.W.3d at 315.

We abate this proceeding for 45 days from the date of this order to allow Relator the opportunity to present its requests for relief to the Judge of the 369th District Court, obtain a ruling or rulings, and to proceed accordingly. During this period of abatement, our stay of the trial court proceedings is vacated only to the extent to allow Relator to present its requests for relief that it has sought in this original proceeding to the Judge of the 369th District Court.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed January 31, 2018
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