NUMBERS 13-22-00562-CV & 13-22-00598-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CIRRUS DESIGN CORPORATION
D/B/A CIRRUS AIRCRAFT
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Silva
Order Per Curiam
These causes are before the Court on its own motion. Relator Cirrus Design
Corporation d/b/a Cirrus Aircraft has designated the respondent in these original
proceedings as the Honorable Robert Vargas. See TEX. R. APP. P. 52.2. However, Judge
Vargas’s term of office expired on December 31, 2022, and he was succeeded in office
by the Honorable Todd Robinson.
Texas Rule of Appellate Procedure 7.2 provides that “[w]hen a public officer is a
party in an official capacity to an appeal or original proceeding, and if that person ceases
to hold office before the appeal or original proceeding is finally disposed of, the public
officer’s successor is automatically substituted as a party if appropriate.” TEX. R. APP. P.
7.2(a). But in an original proceeding, this Court “must abate the proceeding to allow the
successor to reconsider the original party’s decision.” Id. R. 7.2(b); see In re Blevins, 480
S.W.3d 542, 543 (Tex. 2013) (orig. proceeding) (per curiam); In re Schmitz, 285 S.W.3d
451, 454 (Tex. 2009) (orig. proceeding); see also State v. Olsen, 360 S.W.2d 402, 403
(Tex. 1962) (orig. proceeding) (per curiam) (“A writ of mandamus will not lie against a
successor judge in the absence of a refusal by him to grant the relief Relator seeks.”).
In light of the foregoing, this Court concludes that abatement of these petitions for
writ of mandamus is required. Accordingly, these original proceedings are hereby abated,
and the causes are remanded to allow the successor judge the opportunity to reconsider
the predecessor judge’s ruling. See TEX. R. APP. P. 7.2(b). The successor judge shall
issue notice, cause a hearing to be held on these matters, determine what rulings should
issue, and render its own orders accordingly. The successor judge shall cause its orders
on reconsideration, along with any findings of fact and conclusions of law, to be included
in a supplemental clerk’s record. Further, a reporter’s record of any hearing held shall be
included in a supplemental reporter’s record. The supplemental clerk’s and reporter’s
records shall be filed with the Clerk of this Court within thirty days from the date of this
order. These original proceedings will be reinstated upon filing of the supplemental
records and on further order of this Court.
PER CURIAM
Delivered and filed on the
12th day of January, 2023.
2
in Re Cirrus Design Corporation D/B/A Cirrus Aircraft
Combined Opinion