in Re Defy International, LLC ( 2023 )

Corrected Order filed January 5, 2023
In The
Fourteenth Court of Appeals
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NO. 14-22-00953-CV
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IN RE DEFY INTERNATIONAL, LLC, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
On Appeal from the 180th District Court
Harris County, Texas
Trial Court Cause No. 2018-32675
CORRECTED ORDER
On December 30, 2022, relator Defy International, LLC 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. Relator asks this court to compel the Honorable Scott Dollinger to
set aside his October 19, 2022 amended order granting severance and abatement and
creating a severed action.
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 the 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. The court will then consider a motion to reinstate
or dismiss the original proceeding, as appropriate.
PER CURIAM
Panel consists of Justices Wise, Jewell, and Hassan.