In Re Penske Logistics LLC v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed
October 19, 2023.
In The
Fourteenth Court of Appeals
NO. 14-22-00867-CV
IN RE PENSKE LOGISTICS LLC, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
189th District Court
Harris County, Texas
Trial Court Cause No. 2022-40178
MEMORANDUM OPINION
On November 23, 2022, relator Penske Logistics 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. In the petition, relator asks this Court to compel the Honorable
Tamika Craft-Demming, presiding judge of the 189th District Court of Harris
County, to vacate the trial court’s October 17, 2022 order denying relator’s Rule
91a motion to dismiss.1
Relator has not established that it is entitled to mandamus relief.
Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Wise, Jewell, and Poissant.
1
On October 17, 2022, Judge Scot Dollinger denied relator’s Rule 91a motion to
dismiss. Because after December 31, 2022 Judge Dollinger ceased to hold the office of Judge
of the 189th District Court, we abated this proceeding to permit Judge Craft-Demming to
consider the order underlying relator’s request for relief. On February 8, 2023, Judge Craft-
Demming notified this Court that she “concur[red] with the entire Order signed by Judge
Scott [sic] Dollinger on October 17th, 2022 . . ..” Thus, we reinstated this original
proceeding.
2