in Re Pensek Logistics LLC

• Court: Court of Appeals of Texas
• Decided: January 10, 2023
• Docket: 14-22-00867-CV
• Status: Published

Opinion

Abatement Order filed January 10, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00867-CV

IN RE PENSEK LOGISTICS LLC, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 189th District Court Harris County, Texas Trial Court Cause No. 2022-40178

ABATEMENT ORDER

On November 23, 2022, relator Pensek Logistics LLC 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 Scot Dollinger, presiding judge of the 189th District Court of Harris County, to vacate the trial court’s October 17, 2022 order denying relator’s Rule 91A motion to dismiss causes of action based on the statute of limitations. Because Judge Dollinger ceased to hold the office of Judge of the 189th District Court, Harris County, Texas, we are required to abate this mandamus proceeding to permit the respondent’s successor, the Honorable Tamika Craft, to consider the decision regarding relator’s request for relief. See Tex. R. App. P. 7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding) (“Mandamus will not issue against a new judge for what a former one did.”).

Therefore, we abate this proceeding, treat it as a closed case, and remove it from the court’s active docket. This original proceeding is abated until February 10, 2023 to permit Judge Craft to consider the order underlying relator’s request for relief. On or before that date, Judge Craft shall advise this Court of the action taken on relator’s request by filing a signed order reflecting her ruling concerning relator’s request for relief with this court. This Court will then consider a motion to reinstate or dismiss the original proceeding, as appropriate.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.