in Re: Marcos Gonzalez ( 2023 )

Order entered January 23, 2023 In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00056-CV IN RE MARCOS GONZALEZ, Relator Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-09623 ORDER Before Justices Reichek, Nowell, and Miskel This original proceeding challenges a December 7, 2022 “Order on Plaintiffs’ Second Motion to Compel Production of Defendant Marco Gonzalez’s Medical Records” signed in the 192nd District Court, Dallas County, Texas by the Honorable Kristina Williams, whose term expired on December 31, 2022. Also before the Court is relator’s January 19, 2023 “Motion for Temporary Relief Pending Mandamus.” Relator’s motion for temporary relief is DENIED. Rule 7.2(b) requires this Court to abate this proceeding to allow the successor judge to reconsider the challenged order. 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.”). Accordingly, we ABATE this original proceeding pursuant to Texas Rule of Appellate Procedure 7.2(b). This case is removed from the Court’s active docket until further order of this Court to allow the successor judge to reconsider the December 7, 2022 ruling of the former judge of the 192nd District Court. We further ORDER the parties to file a status report with this Court within TEN DAYS of any ruling by the successor judge required by rule 7.2(b). /s/ AMANDA L. REICHEK JUSTICE