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in Re Wells Fargo Bank, N.A., Bank of Montreal, the Prudential Insurance Company of America, Thomas E. McGraw and Troy Jefferson

Court: Court of Appeals of Texas
Date filed: 2014-04-10
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                                     In The

                              Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-14-00094-CV
                          ____________________


      IN RE WELLS FARGO BANK, N.A., BANK OF MONTREAL,
      THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
          THOMAS E. MCGRAW, AND TROY JEFFERSON

_______________________________________________________         ______________

                              Original Proceeding
________________________________________________________         _____________

                                    ORDER

      On February 28, 2014, Wells Fargo Bank, N.A., Bank Of Montreal, The

Prudential Insurance Company Of America, Thomas E. Mcgraw, And Troy

Jefferson filed a petition for writ of mandamus to compel the judge of the 58th

District Court of Jefferson County, Texas to grant a continuance of the trial and

permit additional discovery in trial court case number A-189,693. On March 7,

2014, the judge recused himself from further consideration of the case. We may

abate a mandamus proceeding when a trial judge recuses after the mandamus



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proceeding is filed. See In re Blevins, No. 12-0636, 2013 WL 5878910, at *2 (Tex.

Nov. 1, 2013) (orig. proceeding).

      This original proceeding is hereby abated for thirty days, to provide the

relator with the opportunity to present this matter to the successor judge. Id., see

also Tex. R. App. P. 7.2(b). The supplemental mandamus record is due May 12,

2014. See Tex. R. App. P. 52.7(b). Our temporary order of March 3, 2014, remains

in effect. See Tex. R. App. P. 52.10(b).

      ORDER ENTERED April 10, 2014.

                                                               PER CURIAM


Before McKeithen, C.J., Kreger and Horton, JJ.




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