in Re Scott M. Clearman

• Court: Court of Appeals of Texas
• Decided: January 3, 2019
• Docket: 14-18-00741-CV
• Status: Published

Opinion

Abatement Order filed January 3, 2019

In The

Fourteenth Court of Appeals

NO. 14-18-00741-CV

IN RE SCOTT M. CLEARMAN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 1 Harris County, Texas Trial Court Cause No. 461,672

MEMORANDUM OPINION

On Friday, August 24, 2018, relator Scott M. Clearman 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 respondent, the Honorable Loyd Wright, presiding judge of Probate Court No. 1 of Harris County, to vacate his orders of July 10, 2018, and August 2, 2018, regarding relator’s motion to quash.

Respondent ceased to hold the office of Judge of Probate Court No. 1 of Harris County, Texas, after the institution of this action. Therefore, we are required to abate this mandamus proceeding to permit respondent’s successor, the Honorable Jerry Simoneaux, to reconsider the decision regarding relator’s request for relief. See Tex. R. App. P. 7.2(b).

This mandamus proceeding is abated until February 4, 2019, by which time Judge Simoneaux shall advise this court of the action taken on relator’s request. This court will then consider a motion to reinstate or dismiss this proceeding, as appropriate.

PER CURIAM