Opinion
NO. 14-19-00106-CV
02-21-2019
IN RE DEAN E. SMITH, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
On Appeal from the 257th District Court Harris County, Texas
Trial Court Cause No. 2009-33707
ABATEMENT ORDER
On February 7, 2019, relator Dean E. Smith filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition relator asks this court to compel the Honorable Sandra Peake, presiding judge of the 257th Judicial District Court of Harris County, to vacate a June 1, 2018 enforcement order.
The subject order was signed by the Honorable Judy Warne, who ceased to hold office of Judge of the 257th District Court of Harris County, on January 1, 2019. Because Judge Warne ceased to hold office, we are required to abate this proceeding to permit Judge Peake to reconsider Judge Warne's decision regarding relator's request for relief. See Tex. R. App. 7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding) ("Mandamus will not issue against a new judge for what a former one did.").
Therefore, we abate this proceeding until March 25, 2019, to permit Judge Peake reconsider the order underlying relator's request for relief. On or before that date, Judge Peake shall advise the court of the action taken on relator's request. This court will then consider a motion to dismiss the original proceeding or a motion to reinstate the original proceeding, as appropriate.
PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Bourliot.