Opinion
01-24-00463-CV
12-10-2024
In re Webber Commercial Constriction, LLC and Melquicedek Garcia Paz
80th District Court of Harris County Trial court case number: 2022-30297
ORDER OF ABATEMENT
Veronica Rivas-Molloy J.
Relators Webber Commercial Constriction, LLC and Melquicedek Garcia Paz filed a Petition for Writ of Mandamus challenging the trial court's January 9, 2024 order denying their motion to compel an independent medical examination of Real Party in Interest, Derrick Pohts, and the trial court's May 9, 2024 order directing them to produce certain documents. Both challenged orders were signed by the Respondent, the Honorable Jeralynn Manor of the 80th District Court of Harris County. On December 5, 2024, Judge Manor signed an order transferring the underlying case to the 190th District Court of Harris County, with the Honorable Beau A. Miller presiding.
As Judge Manor is no longer presiding over the underlying case, Judge Miller is substituted as the Respondent in this original proceeding. See Tex. R. App. P. 7.2; 52.10. Pursuant to Rule of Appellate Procedure 7.2(b) we hereby abate this original proceeding and remand to the 190th District Court to allow Judge Miller to reconsider the trial court rulings challenged in Relator's Petition for Writ of Mandamus. See Tex. R. App. P. 7.2(b) ("If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party's decision.").
Within 30 days of the date of this order, the parties are directed to notify the Clerk of this Court of any action taken on reconsideration of the challenged rulings and file any orders regarding reconsideration of those rulings in a supplemental mandamus record. The Court will then consider a motion to reinstate or motion to dismiss this proceeding, as appropriate.
This original proceeding is abated, treated as a closed case, and removed from this Court's active docket.
It is so ORDERED.