in Re Cathaleen Montelongo

• Court: Court of Appeals of Texas
• Decided: January 3, 2019
• Docket: 14-18-00795-CV
• Status: Published

Opinion

Abatement Order filed January 3, 2019

In The

Fourteenth Court of Appeals

NO. 14-18-00795-CV

IN RE CATHALEEN MONTELONGO

ORIGINAL PROCEEDING WRIT OF MANDAMUS 257th District Court Harris County, Texas Trial Court Cause No. 2013-48430

ORDER

On Monday, September 10, 2018, relator Cathaleen Montelongo filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Judy Warne, presiding judge of the 257th District Court of Harris County, to reinstate the underlying case on the jury trial docket.

Respondent ceased to hold the office of Judge of the 257th District Court of Harris County, Texas, after the institution of this action. Therefore, we are required to abate this mandamus proceeding to permit respondent’s successor, the Honorable Sandra Peake, to reconsider the decision regarding relator’s request for relief. See Tex. R. App. P. 7.2(b).

This mandamus proceeding is abated until February 4, 2019, by which time Judge Peake shall advise this court of the action taken on relator’s request. This court will then consider a motion to reinstate or dismiss this proceeding, as appropriate.

PER CURIAM