in Re Felipe N. Gomez

Opinion

Order issued January 24, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00017-CV ——————————— IN RE FELIPE N. GOMEZ, Relator

Original Proceeding on Petition for Writ of Mandamus

ORDER

On January 11, 2023, relator Felipe N. Gomez filed a petition for writ of

mandamus arguing that the trial court’s December 5, 2022 judgment is void because

it was signed after relator filed a nonsuit. Relator’s petition names the Honorable

Scot Dollinger as the respondent in this original proceeding. The Honorable Scot

Dollinger is no longer the presiding judge of the 189th District Court. Rule 7.2(b) states: “If the case is an original proceeding under Rule 52, the

court must abate the proceeding to allow the successor to reconsider the original

party’s decision.” TEX. R. APP. P. 7.2(b) (emphasis added). Pursuant to Texas Rule

of Appellate Procedure 7.2, Judge Dollinger’s successor, the Honorable Tamika

Craft-Deming, is substituted for Judge Dollinger as the respondent. See TEX. R. APP.

P. 7.2(a). Further, this original proceeding is abated and remanded to the trial court

to allow Judge Craft-Deming to reconsider her predecessor’s decision. See TEX. R.

APP. P. 7.2(b).

The Court orders the trial court clerk to file a supplemental record containing

either (1) a copy of the successor judge’s order, if any, on reconsideration of the

actions of the predecessor judge, or (2) a statement from the successor judge that no

action will be taken concerning the predecessor judge’s actions. This supplemental

clerk’s record shall be filed with the Clerk of this Court within 30 days from the

date of this order. This case will be reinstated when the supplemental clerk’s record

is filed.

PER CURIAM Panel consists of Justices Goodman, Hightower, and Guerra.