in Re Metropolitan Transit Authority of Harris County, Texas ( 2023 )

Abatement Order filed January 5, 2023.
In The
Fourteenth Court of Appeals
NO. 14-22-00387-CV
IN RE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY,
TEXAS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
189th District Court
Harris County, Texas
Trial Court Cause No. 2021-33529
ABATEMENT ORDER
On May 27, 2022, relator Metropolitan Transit Authority of Harris County,
Texas filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code
Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court
to compel the Honorable Scot Dollinger, presiding judge of the 189th District
Court of Harris County, to vacate the trial court’s May 16, 2022, “Order Denying
METRO’s Motion to Compel Plaintiff to Execute Medical/Medicare/Insurance
Authorizations and Respond to Interrogatories Nos. 9 and 12.”
Because Judge Dollinger ceased to hold the office of Judge of the 189th
District Court, Harris County, Texas, we are required to abate this mandamus
proceeding to permit the respondent’s successor, the Honorable Tamika Craft, to
consider the decision regarding relator’s request for relief. See Tex. R. App. P.
7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex.
2008) (orig. proceeding) (“Mandamus will not issue against a new judge for what a
former one did.”).
Therefore, we abate this proceeding, treat it as a closed case, and remove it
from the court’s active docket. This original proceeding is abated until February
6, 2023 to permit Judge Craft to consider the order underlying relator’s request for
relief. On or before that date, Judge Craft shall advise this Court of the action
taken on relator’s request by filing a signed order reflecting her ruling concerning
relator’s request for relief with this court. This Court will then consider a motion
to reinstate or dismiss the original proceeding, as appropriate.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Wise and Jewell.
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