in Re Newton B. Schwartz, Sr.

Opinion

Opinion issued March 18, 2010

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-09-00806-CV

NO. 01-09-00807-CV

IN RE NEWTON B. SCHWARTZ SR., Relator

Original Proceedings on Petitions for Writ of Mandamus and Prohibition

MEMORANDUM OPINION ON REHEARING On October 15, 2009, the Court issued an opinion in the above-referenced causes. Relator, Newton B. Schwartz Sr., moved for rehearing and for en banc reconsideration. We deny the motion for rehearing. However, we sua sponte withdraw our opinion of October 15, 2009 and issue this opinion in its stead, to correct certain clerical matters.

Relator has filed a petition for a writ of mandamus and a petition for writ of prohibition complaining of "all actions of" Judge David Scott Brabham, ⁽¹⁾ including "any attempted or continued attempt to exercise jurisdiction . . . over Relator's timely objections to him" and "the failure of the Texas Supreme Court to timely appoint a replacement judge . . . following Relator's . . . objections . . . ."

We deny the petition for writ of mandamus. We further deny the petition for writ of prohibition. Relator's motion for en banc reconsideration remains pending.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Bland.

1. - -