Order filed January 21, 2021.
In The
Fourteenth Court of Appeals
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NO. 14-20-00849-CV
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IN RE 4X INDUSTRIAL, LLC, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2019-65517
ABATEMENT ORDER
On December 22, 2020, relator 4X Industrial, LLC, 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. Relator asks this court to order the Honorable Steven Kirkland, Judge of the
334th District Court, in Harris County, Texas, to set aside his December 13, 2020
order granting the motion to compel responses to real party in interest Russell
Marine, LLC’s first set of requests for production of documents to the extent the
order overrules relator’s objections to certain specified requests for production.
Because Judge Kirkland ceased to hold the office of Judge of the 334th
District Court, Harris County, Texas, we are required to abate this mandamus
proceeding to permit the respondent’s successor, the Honorable Dawn Deshea
Rogers, to consider the decision regarding relator’s request for relief. See Tex. R.
App. P. 7.2(b); see also In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228
(Tex. 2008) (orig. proceeding) (“Mandamus will not issue against a new judge for
what a former one did.”).
Therefore, we abate this proceeding, treat it as a closed case, and remove it
from the court’s active docket. This original proceeding is abated until February
22, 2021 to permit Judge Rogers to consider the order underlying relator’s request
for relief. On or before that date, Judge Rogers shall advise the court of the action
taken on relators’ request by filing a signed order reflecting her ruling concerning
relators’ request for relief with this court. The court will then consider a motion to
reinstate or dismiss the original proceeding, as appropriate.
PER CURIAM
Panel consists of Justices Jewell, Poissant, and Wilson.