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In re Vats

Court of Appeals For The First District of Texas
Nov 25, 2014
NO. 01-13-01075-CV (Tex. App. Nov. 25, 2014)

Opinion

NO. 01-13-01075-CV

11-25-2014

IN RE RAJ KUMAR VATS, Relator


Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Raj Kumar Vats, has filed a petition for writ of mandamus challenging the trial court's orders denying his motion to disqualify counsel for real party in interest, Smrita Vats, and his motion for reconsideration of the motion to disqualify. Relator, representing that he no longer wishes to proceed with the mandamus proceeding, has filed an amended motion to dismiss the petition. No opinion has issued. See TEX. R. APP. P. 42.1(c). Further, although relator failed to include a certificate of conference in his motion, more than 10 days have passed and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

The underlying case is Smrita Vats v. Raj Kumar Vats, cause no. 2011-72178, in the 311th District Court of Harris County, Texas, the Honorable Alicia K. Franklin presiding. The Honorable Denise Pratt, who no longer presides over the 311th District Court, signed the challenged orders. Accordingly, we abated the proceeding to allow the Honorable Alicia K. Franklin to reconsider the ruling underlying this mandamus proceeding. See TEX. R. APP. P. 7.2(b).

Accordingly, we reinstate this proceeding on the Court's active docket, grant relator's amended motion, and dismiss the petition for writ of mandamus. We dismiss all other pending motions as moot. We vacate this Court's order, issued on December 31, 2103, staying the trial of the underlying matter in cause no. 2011-72178.

PER CURIAM Panel consists of Justices Higley, Bland, and Sharp.


Summaries of

In re Vats

Court of Appeals For The First District of Texas
Nov 25, 2014
NO. 01-13-01075-CV (Tex. App. Nov. 25, 2014)
Case details for

In re Vats

Case Details

Full title:IN RE RAJ KUMAR VATS, Relator

Court:Court of Appeals For The First District of Texas

Date published: Nov 25, 2014

Citations

NO. 01-13-01075-CV (Tex. App. Nov. 25, 2014)