in Re Doris Mattox ( 2002 )

Opinion issued March 28, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00001-CV

____________

IN RE DORIS MATTOX, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GLENN A. MATTOX, DECEASED, Relator

---

Original Proceeding on Petition for Writ of Mandamus

---

O P I N I O N

On December 31, 2001, relator, Doris Mattox, individually and as representative of the estate of Glenn A. Mattox, deceased, filed a petition for writ of mandamus complaining of Judge Devine's ⁽¹⁾ December 4, 2001 order, granting a motion to exclude the testimony of and to strike the supplemental designation of relator's expert witness. Because Judge Devine had resigned, in accordance with Tex. R. App. P. 7.2(b), on January 4, 2002, the Court abated the mandamus proceeding to allow Judge Devine's successor, including any judge who presided over the trial in the underlying case, to reconsider Judge Devine's ruling. The Court expressly stated that it made no ruling on the merits of the petition for writ of mandamus.

The January 4, 2002 order on continuing abatement also stated as follows:

Unless within 30 days of the date of this order, relator presents to this Court a supplemental petition for writ of mandamus and a supplemental record containing the ruling of Judge Devine's successor, the Court will deny the petition for writ of mandamus as moot.

More than 30 days has passed, and relator has not filed a supplemental petition for writ of mandamus, nor has relator filed any response to this Court's order of January 4.

Accordingly, the Court reinstates the mandamus proceeding and denies the petition for writ of mandamus as moot.

  PER CURIAM

Panel consists of Chief Justice Schneider and Justices Taft and Radack.

Do not publish. Tex. R. App. P. 47.

1.

The Honorable John Devine, judge of the 190th District Court of Harris County, Texas. The underlying lawsuit is Doris Mattox, individually and as representative of the estate of Glenn A. Mattox, deceased vs. Suresh K. Rajendran, M.D., et al., trial court cause no. 2000-07937.