in Re Edna Chapa

Opinion

NUMBER 13-18-00656-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE EDNA CHAPA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Hinojosa Memorandum Opinion by Justice Hinojosa 1

Relator Edna Chapa filed a petition for writ of mandamus in the above cause seeking to compel the trial court to issue a ruling on relator’s petition to enforce a final decree of divorce. The Court requested that the real party in interest, David Chapa, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.2, 52.4, 52.8. Subsequently, however, the respondent in this original proceeding recused himself and we abated this

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

matter, remanding it to the trial court for consideration by the successor judge. Id. R. 7.2(b); In re Blevins, 480 S.W.3d 542, 543–44 (Tex. 2013) (orig. proceeding); In re Schmitz, 285 S.W.3d 451, 454 (Tex. 2009) (orig. proceeding). Relator has now filed a status report with this Court informing us that the successor judge has held a final hearing on the underlying case, set a prompt deadline for briefing on one legal issue only, and “anticipates it will make a prompt ruling and enter a final judgment.”

Given the foregoing, we reinstate this original proceeding. We deny the petition for writ of mandamus without prejudice.

LETICIA HINOJOSA

Justice

Delivered and filed the 7th day of March, 2019.