From Casetext: Smarter Legal Research

Jenkens Gilchrist v. Maxwell

Court of Appeals of Texas, Fifth District, Dallas
Apr 5, 2005
No. 05-04-01526-CV (Tex. App. Apr. 5, 2005)

Opinion

No. 05-04-01526-CV

Opinion Filed April 5, 2005.

On Appeal from the 162nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-05855.

Dismiss.

Before Justices WRIGHT, MOSELEY, and LANG.


MEMORANDUM OPINION


The Court REINSTATES this combined appeal and petition for writ of mandamus to the Court's docket. The judge of the 162nd Judicial District Court changed after both cases were filed with this Court. Under the rules of appellate procedure, the original proceeding had to be abated and remanded to the new judge for reconsideration. Tex.R.App.P. 7.2(b). The Court also abated and remanded the appeal because the ruling at issue in the appeal is the same ruling at issue in the original proceeding. The new judge reversed the prior judge's ruling. Appellant filed an unopposed motion to dismiss because the new ruling caused all issues before this Court to become moot.

The Court GRANTS appellants' unopposed motion to dismiss this combined appeal and petition for writ of mandamus. Accordingly, the Court DISMISSES this combined appeal and petition for writ of mandamus. Tex.R.App.P. 42.1.


Summaries of

Jenkens Gilchrist v. Maxwell

Court of Appeals of Texas, Fifth District, Dallas
Apr 5, 2005
No. 05-04-01526-CV (Tex. App. Apr. 5, 2005)
Case details for

Jenkens Gilchrist v. Maxwell

Case Details

Full title:JENKENS GILCHRIST, A PROFESSIONAL CORPORATION AND L. STEVEN LESHIN…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 5, 2005

Citations

No. 05-04-01526-CV (Tex. App. Apr. 5, 2005)