in Re AT&T Inc.

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. Through this original proceeding, relators seek to compel the trial court to vacate
and set aside an order compelling the production of privileged documents. As an initial
matter, however, relators seek abatement of this original proceeding pursuant to Texas
Rule of Appellate Procedure 7.2(b). See TEX. R. APP. P. 7.2(b). Relators argue that the
respondent in this original proceeding, the Honorable Juan Partida, no longer presides
over the 275th District Court, and this matter should be abated pending consideration of
the issues herein by his successor, the Honorable Marla Cuellar.
Under Texas Rule of Appellate Procedure 7.2, when a judge who is a party to an
original proceeding ceases to hold office, the court must abate the proceeding to allow
the successor to reconsider the original party’s decision. See id. R. 7.2(b); In re Blevins,
480 S.W.3d 542, 543–44 (Tex. 2013) (orig. proceeding); In re Schmitz, 285 S.W.3d 451,
454 (Tex. 2009) (orig. proceeding); In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227,
228 (Tex. 2008) (orig. proceeding); see also State v. Olsen, 360 S.W.2d 402, 403 (Tex.
1962) (“A writ of mandamus will not lie against a successor judge in the absence of a
refusal by him to grant the relief Relator seeks.”).
Accordingly, we grant the request for abatement, and we abate and remand this
matter to the trial court to afford the successor judge the opportunity to consider the
rulings at issue in this original proceeding. The successor judge shall issue notice and
cause a hearing to be held on these matters. We direct the successor judge to determine
what ruling should issue, and to render its own order accordingly. The successor judge
shall cause its order on reconsideration and any findings and conclusions, along with a
reporter’s record of any hearings held, to be filed with the Clerk of this Court within thirty
days.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
19th day of February, 2019.
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