ACCEPTED
011400989CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/25/2015 5:21:55 PM
CHRISTOPHER PRINE
CLERK
APPEAL NO. 01-14-00989-CV
In the Court of Appeals FILED IN
First Judicial District 1st COURT OF APPEALS
HOUSTON, TEXAS
Houston, Texas 2/25/2015 5:21:55 PM
CHRISTOPHER A. PRINE
Clerk
In re: SHAYNA (DEBOISE) HERRING, Relator
VS.
THE HONORABLE BONNIE C. HELLUMS, Respondent
247th District Court of Harris County, Texas
Cause No. 2010-45732
MOTION TO ABATE APPEAL
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
NOW COMES Shayna (Deboise) Herring, Relator, who moves the Court to
abate this proceeding as required by Tex. R. App. P. 7.2(b). As support for this
motion Relator would show:
I.
On December 12, 2014 Relator filed a petition for writ of habeas corpus in this
Court. As such, this is an original proceeding under Rule 52 Tex. R. App. P. The
same day this Court granted Relator temporary relief by issuing an interim writ of
habeas corpus and ordering Relator released from confinement upon the posing of a
bond.
At the time Relator filed her petition for writ of habeas corpus, the Honorable
Bonnie Crane Hellums was the presiding judge of the 247t h District Court. Effective
January 1, 2015, however, the Honorable John Schmude became the presiding judge
of the court.
By rule, this Court must abate this original proceeding to permit the
Respondent's successor to reconsider the order challenged in Relator's petition. See
Tex. R. App. P. 7.2(b); cf. In re White, 01-10-00960-CV (Tex. App. - Houston [1'
Dist.] 2-24-2011) (mem.op.).
II.
Relator requests that the Court abate this proceeding in accordance with Rule
7.2(b) Tex. R. App. P. to allow the Honorable John Schmude to reconsider the order
under review in this proceeding. During the pendency of such action Relator requests
that the interim habeas relief granted by this Court on December 12, 2014 remain in
effect.
CONCLUSION
For the reason stated above, Relator respectfully requests that this Motion to
Abate Appeal be granted to permit the Honorable John Schmude to reconsider the
order. Relator further requests that the interim habeas relief granted by this Court on
December 12, 2014 remain in effect pending further order of the Court.
Respectfully submitted,
G •RG DANA
11550 Fuqua, Suite 340
d),
Houston, Texas 77034
Tel: (281) 484-7500
Fax: (281) 484-9687
Email: gwdana@aol.com
SBOT #05351500
Attorney for Relator
CERTIFICATE OF CONFERENCE
As required by Tex. R. App. P. 10.1(a)(5) I certify that on February 25, 2015
I have conferred with Grace M. Crump, co-counsel with Terisa Taylor, attorneys for
Caston Deboise, the Real Party in Interest and she advised that she does not oppose
this motion.
CERTIFICATE OF SERVICE
Pursuant to Tex. R. App. P. 9.5(d),(e) this is to certify that a copy of this
motion was served on Caston Deboise, the Real Party in Interest, by and through his
attorney of record, Terisa Taylor, on February 25, 2015 by faxing a copy to Terisa
Taylor at (713) 224-9903 and by efiling in the 247 th Judicial District Court of Harris
County, Texas.