in Re AT&T Inc. ( 2019 )

NUMBER 13-19-00074-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE AT&T INC., ET AL.
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Longoria, and Hinojosa
Order Per Curiam
Relators, AT&T Inc.; New Cingular Wireless PCS, LLC d/b/a AT&T Mobility,
individually and in its capacity as General Partner of McAllen-Edinburg-Mission SMSA
Limited Partnership, Texas RSA 18 Limited Partnership, and Texas RSA 19 Limited
Partnership; AT&T Mobility Corporation; Cricket Communications, LLC; and Cricket
Wireless, LLC, filed a petition for writ of mandamus in the above cause on February 15,
2019. We previously abated this cause to allow the successor judge, the Honorable Marla
Cuellar, to consider the matters at issue here. See TEX. R. APP. P. 7.2(b).
On March 28, 2018, this Court granted the unopposed joint motion for extension
of time for the Rule 7.2 hearing in the trial court filed by VTX Communications, LLC and
VTX Investments, LLC, individually and derivatively on behalf of McAllen-Edinburg-
Mission SMSA Limited Partnership, TEXAS RSA 18 Limited Partnership, and Texas RSA
19 Limited Partnership (VTX Plaintiffs), and extended the time for hearing until Monday,
May 6, 2018. That same day, however, this Court granted VTX Plaintiffs’ later-filed motion
for legislative continuance. The motion for legislative continuance requested that
consideration of the mandamus be continued to a date thirty days after the date on which
the legislature adjourns. See TEX. CIV. PRAC. & REM. CODE ANN. § 30.003(b) (West,
Westlaw through 2017 1st C.S.). Pursuant to Texas Civil Practice and Remedies Code
section 30.003(b), the case “shall” be continued until 30 days after the date on which the
legislature adjourns.” See id. Subsequently, Judge Cuellar has requested abatement of
this original proceeding “to a date subsequent to June 26, 2019” to comply with the
statute.
We now clarify that this matter is abated until such time as necessary to allow
Judge Cuellar the opportunity to consider the rulings at issue in this original proceeding.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
11th day of April, 2019.
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