in Re Phyllis J. Morgan

• Court: Court of Appeals of Texas
• Decided: September 17, 2019
• Docket: 01-19-00639-CV
• Status: Published

Opinion

Opinion issued September 17, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00639-CV ——————————— IN RE PHYLLIS J. MORGAN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Phyllis J. Morgan, has filed a petition for writ of mandamus, seeking

an order directing the respondent1 to vacate her August 20, 2018 order denying

relator’s motion to transfer venue.

1 Respondent is the Honorable Sharolyn Wood, visiting judge, County Court at Law No. 4 of Harris County, Texas. See In re Schmitz, 285 S.W.3d 451, 453 (Tex. 2009) (orig. proceeding); Remington Arms Co. v. Caldwell, 850 S.W.2d 167, 168 n.1 (Tex. 1993) (holding assigned judge, and not presiding judge, was proper respondent); In re Alsenz, 152 S.W.3d 617, 622–23 (Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (holding visiting judge was proper respondent). We deny the petition for writ of mandamus. We dismiss relator’s “Motion for

Emergency Stay” as moot.

PER CURIAM

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