in Re: Caliber Home Loans, Inc.

Opinion

Order entered November 20, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01423-CV

IN RE CALIBER HOME LOANS, INC., Relator

Original Proceeding from the 95th District Court Dallas County, Texas

Trial Court Cause No. DC-19-08719

ORDER

Before Justices Myers, Molberg, and Nowell

Relator has filed a petition for writ of mandamus challenging the trial court’s October 31, 2019 order compelling it to participate in non-binding arbitration. See TEX. R. APP. P. 52.1. After signing the order, respondent judge, the Honorable David Evans, ceased to hold office as the presiding judge of the 95th Judicial District Court of Dallas County. Under rule 7.2 of the appellate rules, when a judge ceases to hold office and the case is an original proceeding under rule 52, we must abate the proceeding to allow the successor judge to reconsider the original judge’s decision. TEX. R. APP. P. 7.2(b); see also In re Gonzales, 391 S.W.3d 251, 252 (Tex. App.—Austin 2012, orig. proceeding).

Accordingly, we STAY the trial court’s October 31, 2019 order until further order of this Court. We ABATE this mandamus petition and instruct the successor judge to reconsider the October 31, 2019 order and send to this Court within forty-five (45) days after appointment, his or her written ruling on the applicable motions. See TEX. R. APP. P. 52.10(b) (appellate court may grant any just temporary relief pending its action on mandamus petition).

/s/ ERIN NOWELL

JUSTICE