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In re Potts

Court of Appeals of Texas, Fourteenth District

January 17, 2014

IN RE PATRICIA ANN POTTS, INDIVIDUALLY AND AS NEXT FRIEND OF A.M.W., A CHILD, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 11th District Court Harris County, Texas Trial Court Cause No. 2009-74161[1]

Panel consists of Justices Christopher, Donovan, and Brown.

CONTINUING ABATEMENT ORDER

PER CURIAM

On November 8, 2013, relator Patricia Ann Potts, individually and as next friend of A.M.W., a child, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel respondent, the Honorable Ken Wise, local administrative judge of Harris County, to vacate his order dated October 10, 2013, denying her request as a vexatious litigant to file suit against Affiliated Computer Services, Inc.

When relator filed her petition, respondent no longer held public office as the local administrative judge of Harris County. By rule, we must abate this original proceeding to permit respondent's successor to reconsider the decision regarding relator's request. 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."). Accordingly, on November 19, 2013, we abated this case until December 19, 2013, and directed the new administrative judge of Harris County to advise this Court of the action taken on relator's request.

The new administrative judge of Harris County has not advised this Court of the action taken on relator's request. Therefore, this Court ORDERS the abatement of this case continued until February 17, 2014, at which time the new administrative judge of Harris County shall advise this Court of the action taken on relator's request. This Court ...


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