in Re Resa Vaco and Tammy Vaco

• Court: Court of Appeals of Texas
• Decided: January 13, 2021
• Docket: 10-20-00229-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00229-CV

IN RE RESA VACO AND TAMMY VACO

Original Proceeding

From the 12th District Court Walker County, Texas Trial Court No. 1728450

ABATEMENT ORDER

Resa and Tammy Vaco seek mandamus relief to compel Respondent, the

Honorable Donald Kraemer of the 12th District Court of Walker County, to vacate a

discovery order compelling a second deposition of their expert witness and the

production of the expert’s financial records.

After this original proceeding was filed, Judge Kraemer retired and ceased to hold

office as the Judge of the 12th District Court. Judge Kraemer’s successor is the Honorable

David Moorman. Rule 7.2 (b) of the Rules of Appellate Procedure provides that in the

case of an original proceeding, the appellate court must abate the proceedings to allow a successor to reconsider the original party’s decision. See In re Blevins, 480 S.W.3d 542

(Tex. 2013). We therefore grant the parties sixty days from the date of this Order to

present for review, to the Honorable David Moorman, the order compelling a second

deposition of the expert witness and the production of the expert’s financial records.

Judge Moorman is not limited to a review of the evidence before Judge Kraemer.

Judge Moorman may conduct a hearing on Real Party in Interest Jayne Schulte’s motion

to compel deposition answers and independently decide that motion based on evidence

presented at the hearing. Should Relator not provide this Court with a ruling from Judge

Moorman within ten days from the date of his ruling, the petition for mandamus will be

dismissed.

PER CURIAM

Before Chief Justice Gray, Justice Neill, and Justice Johnson Appeal abated Order issued and filed January 13, 2021 [OT06]

In re Vaco Page 2