in Re: UMTH General Services, L.P., UMT Holdings, L.P., UMTH Land Development, L.P., Hollis M. Greenlaw, Todd F. Etter, Ben L. Wissink, and Cara D. Obert
Order entered January 9, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00016-CV
IN RE UMTH GENERAL SERVICES, L.P., UMT HOLDINGS, L.P., UMTH
LAND DEVELOPMENT, L.P., HOLLIS M. GREENLAW, TODD F.
ETTER, BEN L. WISSINK, AND CARA D. OBERT, Relators
Original Proceeding from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-09833
ORDER
Before Justices Reichek, Nowell, and Miskel
In this original proceeding, relators seek a writ of mandamus compelling the
trial court to grant their motion to dismiss based on a mandatory forum-selection
provision. The complained-of order denying the motion to dismiss was signed in
the 192nd Judicial District Court by the Honorable Kristina Williams, whose term
expired on December 31, 2022.
Rule 7.2(b) requires this Court to abate this proceeding to allow the
successor judge to reconsider the challenged order. See TEX. R. APP. P. 7.2(b) (“If
the case is an original proceeding under Rule 52, the court must abate the
proceeding to allow the successor to reconsider the original party’s decision.”).
Accordingly, we ABATE this original proceeding pursuant to Texas Rule of
Appellate Procedure 7.2(b). This case is removed from the Court’s active docket
until further order of this Court. We ORDER the parties to file in this Court (1) a
status report and (2) a copy of the trial court’s order within TEN DAYS of any
ruling by the successor judge required by rule 7.2(b).
/s/ EMILY MISKEL
JUSTICE