Opinion
No. 01-03-01021-CV.
Opinion issued January 22, 2004.
Original Proceeding on Petition for Writ of Mandamus.
David M. Hymer, Hermes, Sargent, Bates, L.L.P., Dallas, TX, for intervenor.
Jarrett Huffman, Attorney at Law, Pasadena, TX, and Cynthia Marietta, Strasburger Price, L.L.P., Houston, TX, for others.
Panel consists of Chief Justice RADACK and Justices NUCHIA and HIGLEY.
MEMORANDUM OPINION
On October 1, 2003, Relators Eric H. Scheffey, M.D. and Floyd O. Hardimon, D.O. filed a petition for a writ of mandamus complaining of Judge Dibrell's April 14, 2003 order compelling discovery.
The Honorable Joe Dibrell, visiting judge of the 334th District Court of Harris County, Texas. The current presiding judge of the 334th District Court of Harris County, Texas is the Honorable Mauricio Rondon, who was appointed by Governor Perry on October 22, 2003 to replace the Honorable J. Dale Wainwright, who resigned as judge of the 334th District Court after his election as a justice of the Supreme Court of Texas on November 5, 2002. The underlying lawsuit is Butler v. Scheffey, No. 2001-61886 (334th Dist. Ct., Harris County, Tex.).
This Court has abated the mandamus proceeding once, but relators have not yet demonstrated that they have asked Judge Rondon to reconsider Judge Dibrell's order. See TEX. R. APP. P. 7.2(b) (court of appeals must abate original proceeding to allow successor judge to reconsider original judge's decision). Accordingly, we dismiss as moot the petition for writ of mandamus. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Relators may ask Judge Rondon to reconsider Judge Dibrell's April 14, 2003 discovery order, and if Judge Rondon also compels discovery, relators may file another petition for writ of mandamus.