Opinion issued January 22, 2004
In The
Court of Appeals
For the
First District of Texas
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NO. 01–03–01021–CV
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IN RE ERIC H. SCHEFFEY, M.D. AND FLOYD O. HARDIMON, D.O., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINIONOn October 1, 2003, Relators Eric H. Scheffey, M.D. and Floyd O. Hardimon, D.O. filed a petition for a writ of mandamus complaining of Judge Dibrell’s April 14, 2003 order compelling discovery.
This Court has abated the mandamus proceeding once, but relators have not yet demonstrated that they have asked Judge Rondon to reconsider Judge Dibrell’s order. See Tex. R. App. P. 7.2(b) (court of appeals must abate original proceeding to allow successor judge to reconsider original judge’s decision). Accordingly, we dismiss as moot the petition for writ of mandamus. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Relators may ask Judge Rondon to reconsider Judge Dibrell’s April 14, 2003 discovery order, and if Judge Rondon also compels discovery, relators may file another petition for writ of mandamus.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Nuchia and Higley.