in Re Smith Bend Ranch, LTD

IN THE
TENTH COURT OF APPEALS
No. 10-17-00153-CV
IN RE SMITH BEND RANCH, LTD
Original Proceeding
ORDER
In this original proceeding, Relator Smith Bend Ranch, Ltd. seeks a writ of
mandamus compelling Respondent, the Honorable Phil Robertson, Presiding Judge of
the 220th Judicial District Court of Bosque County, to vacate the order granting the
motion to reinstate filed by the Real Party in Interest, Aurelio Ramirez, and to grant
Relator’s motion to dismiss for want of prosecution. Relator has now filed a Motion to
Abate Mandamus, Pending Review by the New Trial Court Judge. Ramirez is not
opposed to this motion.
After this original proceeding was filed, Judge Robertson retired and ceased to
hold office as the Judge for the 220th Judicial District Court. Judge Robertson’s successor
is the Honorable Shaun Carpenter, and the parties agree that Judge Carpenter should be
provided the opportunity to either adopt Judge Roberts’ ruling or to rule in a different
manner.
Rule 7.2(b) of the Rules of Appellate Procedure provides that in the case of an
original proceeding, the appellate court must abate the proceedings to allow a successor
to reconsider the original party’s decision. See In re Blevins, 480 S.W.3d 542 (Tex. 2013)
(original proceeding) (per curiam). We therefore grant the parties sixty days, as
requested, from the date of this Order to present for review to the Honorable Shaun
Carpenter the Relator’s motion to dismiss and the Real Party in Interest’s motion to
reinstate. In the meantime, our decision will be held in abeyance. The stay previously
entered in this case will otherwise remain in effect. Should Relator not provide this Court
a ruling from Judge Carpenter within ten days from the date of his ruling, the petition for
writ of mandamus will be dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Order granted and case abated
Order issued and filed March 13, 2019
In re Smith Bend Ranch, LTD Page 2