in Re: Marcos Gonzalez

• Court: Court of Appeals of Texas
• Decided: January 23, 2023
• Docket: 05-23-00056-CV
• Status: Published

Opinion

Order entered January 23, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-23-00056-CV

IN RE MARCOS GONZALEZ, Relator

Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-09623

ORDER Before Justices Reichek, Nowell, and Miskel

This original proceeding challenges a December 7, 2022 “Order on

Plaintiffs’ Second Motion to Compel Production of Defendant Marco Gonzalez’s

Medical Records” signed in the 192nd District Court, Dallas County, Texas by the

Honorable Kristina Williams, whose term expired on December 31, 2022. Also

before the Court is relator’s January 19, 2023 “Motion for Temporary Relief

Pending Mandamus.”

Relator’s motion for temporary relief is DENIED.

Rule 7.2(b) requires this Court to abate this proceeding to allow the

successor judge to reconsider the challenged order. See TEX. R. APP. P. 7.2(b) (“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.”).

Accordingly, we ABATE this original proceeding pursuant to Texas Rule of

Appellate Procedure 7.2(b). This case is removed from the Court’s active docket

until further order of this Court to allow the successor judge to reconsider the

December 7, 2022 ruling of the former judge of the 192nd District Court. We

further ORDER the parties to file a status report with this Court within TEN

DAYS of any ruling by the successor judge required by rule 7.2(b).

/s/ AMANDA L. REICHEK JUSTICE