Mehrasa Khodaverdi A/K/A Tony Verdi and Verdi Enterprise, LLC v. Hamidreza Pirayeshnejad

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-16-00415-CV
____________________
MEHRASA KHODAVERDI A/K/A TONY VERDI AND VERDI
ENTERPRISE, LLC, Appellant
V.
HAMIDREZA PIRAYESHNEJAD, Appellee
_______________________________________________________ ______________
On Appeal from the 410th District Court
Montgomery County, Texas
Trial Cause No. 16-08-09938-CV
________________________________________________________ _____________
ORDER
On November 1, 2016, Mehrasa Khodaverdi a/k/a Tony Verdi and Verdi
Enterprise, LLC (collectively referred to as “Verdi”) filed a notice of accelerated
appeal from the trial court’s order denying a motion to expunge a lis pendens.
Verdi filed a mandamus petition in lieu of a brief and the response filed by
Hamidreza Pirayeshnejad asserts that mandamus is the proper procedural vehicle.
Thus, it appears the parties agree that this Court lacks jurisdiction over the
1
accelerated appeal and this matter should proceed as an original mandamus
proceeding. An interlocutory order may be reviewed by mandamus under
appropriate circumstances. See CMH Homes v. Perez, 340 S.W.3d 444, 452-53
(Tex. 2011).
The judge who signed the order at issue has left office and a successor has
assumed the bench. If this Court permits this matter to proceed as an original
proceeding, the successor judge must be provided an opportunity to reconsider the
original judge’s decision. See Tex. R. App. P. 7.2. Accordingly, we abate this
proceeding for thirty days to provide an opportunity for Verdi to obtain a ruling
from the successor judge. Id. This matter will be reinstated without further order of
this Court in thirty days unless before that date we receive the order of the
successor judge or a motion to dismiss. See generally Tex. R. App. P. 42.
ORDER ENTERED January 12, 2017.
PER CURIAM
Before McKeithen, C.J., Kreger and Johnson, JJ.
2