in Re William R. Vance, Jr., Individually and as Independent of the Estate of Florene K. Grace ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00296-CV
IN RE WILLIAM R. VANCE, JR., INDIVIDUALLY AND AS
INDEPENDENT EXECUTOR OF THE ESTATE OF FLORENE K.
GRACE, DECEASED
Original Proceeding
MEMORANDUM OPINION
William R. Vance, Jr. seeks a writ of mandamus compelling Respondent, the
Honorable John A. Hutchinson III, assigned judge to the County Court at Law No. 1 of
Brazos County, to vacate his orders holding Vance in contempt and imposing sanctions
for Vance’s failure to produce certain documents in response to a discovery request.
However, as a result of a recusal motion filed by Vance, the Presiding Judge of the
Statutory Probate Courts assigned the Honorable William T. McGee to preside over the
underlying suit. See TEX. GOV’T CODE ANN. § 25.0022 (Vernon Supp. 2010).
“Mandamus will not issue against a new judge for what a former one did.” In re
Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding). Until
Judge McGee has had a reasonable opportunity to consider whether Vance should be
held in contempt and sanctioned, it would be premature for us to address the issues in
this mandamus proceeding. See In re Shellhorse, No. 10-10-00111-CV, 2010 WL 2706115,
at *1 (Tex. App.—Waco July 7, 2010, orig. proceeding) (mem. op.). Accordingly, we
deny the petition without prejudice. Id.FELIPE REYNA
Justice
Before Justice Reyna,
Justice Davis, and
Judge Harrison1
Petition denied
Opinion delivered and filed October 6, 2010
[OT06]
1
The Honorable Glen N. Harrison, Judge of the 32nd District Court of Nolan County, sitting by
assignment of the Chief Justice of the Supreme Court of Texas pursuant to section 74.003(h) of the
Government Code. See TEX. GOV’T CODE ANN. § 74.003(h) (Vernon 2005).
In re Vance Page 2