Opinion
No. 04-06-00789-CV
Delivered and Filed: February 14, 2007.
This proceeding arises out of Cause No. 2000-CI-07648, styled In the Interest of E.H.P., pending in the 73rd Judicial District Court, Bexar County, Texas.
Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
In an opinion and order dated November 22, 2006, we denied relator's petition for a writ of mandamus and request for an emergency stay. Relator has filed a motion for rehearing en banc. However, on its own motion, the panel withdraws its opinion and order of November 22, 2006 and issues this opinion and order in their place.
We deny relator's petition for a writ of mandamus because the appendix to his petition does not contain a certified or sworn copy of the order about which he complains. See Tex. R. App. P. 52.3(j). Also, we note that the respondent, the Honorable Richard Price, is no longer the presiding judge of the 73rd Judicial District Court, Bexar County, Texas. When one named in his 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). Therefore, even if relator established he was entitled to the relief sought, Rule 7.2(b) would require abatement of this mandamus proceeding to allow Judge Price's successor to reconsider the original decision.
Petition For Writ of Mandamus Denied.