in Re Resa Vaco and Tammy Vaco

IN THE
TENTH COURT OF APPEALS
No. 10-20-00229-CV
IN RE RESA VACO AND TAMMY VACO
Original Proceeding
From the 12th District Court
Walker County, Texas
Trial Court No. 1728450
ABATEMENT ORDER
Resa and Tammy Vaco seek mandamus relief to compel Respondent, the
Honorable Donald Kraemer of the 12th District Court of Walker County, to vacate a
discovery order compelling a second deposition of their expert witness and the
production of the expert’s financial records.
After this original proceeding was filed, Judge Kraemer retired and ceased to hold
office as the Judge of the 12th District Court. Judge Kraemer’s successor is the Honorable
David Moorman. 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). We therefore grant the parties sixty days from the date of this Order to
present for review, to the Honorable David Moorman, the order compelling a second
deposition of the expert witness and the production of the expert’s financial records.
Judge Moorman is not limited to a review of the evidence before Judge Kraemer.
Judge Moorman may conduct a hearing on Real Party in Interest Jayne Schulte’s motion
to compel deposition answers and independently decide that motion based on evidence
presented at the hearing. Should Relator not provide this Court with a ruling from Judge
Moorman within ten days from the date of his ruling, the petition for mandamus will be
dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Neill, and
Justice Johnson
Appeal abated
Order issued and filed January 13, 2021
[OT06]
In re Vaco Page 2