Order filed March 30, 2021.
In The
Fourteenth Court of Appeals
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NO. 14-20-00553-CV
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IN RE HOUSTON AN USA, LLC D/B/A AUTONATION USA HOUSTON,
Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2020-27755
CONTINUING ABATEMENT ORDER
On August 6, 2020, relator Houston AN USA, LLC d/b/a Autonation USA
Houston, filed a petition for writ of mandamus in this court. Relator asks this court
to order the Honorable Steven Kirkland, Judge of the 334th District Court, in Harris
County, Texas, to set aside his July 27, 2020 order, granting real party interest’s
motion to compel discovery responses.
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.”). On January 5, 2021, we abated this case for a period of
thirty days and directed the new presiding judge to advise the court of the action
taken on relator’s request.
On January 26, 2021, Judge Rogers signed an order partially vacating the July
27, 2020 order granting real party in interest’s motion to compel discovery responses
as to requests for production nos. 17, 20, 34, 35, 36, 39, and 41 and setting a hearing
on those requests for production for February 26, 2021. Judge Rogers filed her
January 26, 2021 order in this court on February 4, 2021.
Judge Rogers has not advised the court of her ruling on the requests for
production she considered at the February 26, 2021 hearing. Therefore, the
abatement of this case is continued until April 19, 2021. On or before that date,
Judge Rogers shall advise the court of the action taken on the requests for production
considered at the February 26, 2021 hearing by filing a signed order reflecting her
ruling. The court will then consider a motion to reinstate or dismiss the original
proceeding, as appropriate.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Jewell and Zimmerer.