Opinion
NUMBER 13-20-00362-CV
11-10-2020
IN RE JASMINE B. CUELLAR
On Petition for Writ of Mandamus
ORDER
Before Justices Hinojosa, Perkes, and Tijerina
Order Per Curiam
A petition for writ of mandamus was filed in the above cause on August 19, 2020. This cause is currently before the Court on relator's "Request for Abatement." Relator advises the Court that the respondent in this original proceeding, the Honorable Elia Cornejo Lopez, presiding judge of the 404th Judicial District Court of Cameron County, Texas, has recused herself from the underlying proceedings. As a result, relator argues that this matter should be abated pending consideration of the issues by the newly assigned judge, the Honorable Martin Chiuminatto.
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, 543-44 (Tex. 2013) (orig. proceeding); In re Schmitz, 285 S.W.3d 451, 454 (Tex. 2009) (orig. proceeding). Generally, a writ will not issue against one judge for what another judge did. In re Blevins, 480 S.W.3d at 543; In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding); see also State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962) ("A writ of mandamus will not lie against a successor judge in the absence of a refusal by him to grant the relief Relator seeks."). Texas Rule of Appellate Procedure 7.2 addresses this topic, in part, and provides that when a judge who is a party to an original proceeding ceases 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). When the trial judge who signed the order at issue has not ceased to hold office but has only recused himself or herself from further participation in the case, appellate courts should either deny the petition for mandamus or abate the proceedings pending consideration of the challenged order by the new trial judge. In re Blevins, 480 S.W.3d at 544. Because mandamus is a discretionary writ, the appellate court involved should exercise discretion to determine which of the two approaches affords the better and more efficient manner of resolving the dispute. See id.
Because the respondent in the underlying proceedings has recused herself, we grant the request for abatement, and we abate and remand this matter to the trial court to afford the successor judge the opportunity to consider the rulings at issue in this original proceeding. The successor judge shall issue notice and cause a hearing to be held on these matters. We direct the successor judge to determine what ruling should issue, and to render its own order accordingly. The successor judge shall cause its order on reconsideration and any findings and conclusions, along with a reporter's record of any hearings held, to be filed with the Clerk of this Court within thirty days.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 10th day of November, 2020.