in Re SAExploration, Inc., Jeff Hastings, and Brent Whiteley

• Court: Court of Appeals of Texas
• Decided: January 10, 2013
• Docket: 14-12-00981-CV
• Status: Published

Opinion

Order filed January 10, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00981-CV ____________

IN RE SAEXPLORATION, INC., JEFF HASTINGS, AND BRENT WHITELEY, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 215th District Court Harris County, Texas Trial Court Cause No. 2012-01355

ORDER

On October 26, 2012, relators filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. ' 22.221. Relators asked this court to order The Honorable Steven Kirkland, Judge of the 215th District Court, Harris County, Texas, to set aside his order disqualifying Brent Whiteley entered in trial court cause number 2012-01355, styled CGGVeritas Land (U.S.), Inc. v. SAExploration, Inc.. On December 4, 2012, this court issued an opinion denying relators’ requested relief. On December 19, 2012, relators filed a motion for rehearing, which remains pending. Because the respondent ceased to hold the office of Judge of the 215th District Court, Harris County, Texas, after the institution of this action, we are required to abate this mandamus proceeding to permit the respondent’s successor, the Honorable Elaine H. Palmer, to reconsider the decision regarding relators’ request for relief. See Tex. R. App. P. 7.2(b). Therefore, this mandamus proceeding is abated for a period of thirty days from the date of this order, at which time the new presiding judge of the 215th District Court, Harris County, Texas, shall advise the court of the action taken on relators’ request. The court will then consider a motion to reinstate or dismiss this proceeding, as appropriate.

It is so ORDERED.

PER CURIAM