in Re Richard Parker ( 2015 )


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  • Abatement Order filed January 22, 2015.
    In The
    Fourteenth Court of Appeals
    NO. 14-14-00850-CV
    IN RE RICHARD PARKER, Relator
    ORIGINAL PROCEEDING
    WRIT OF HABEAS CORPUS
    247th District Court
    Harris County, Texas
    Trial Court Cause No. 2012-13073
    ABATEMENT ORDER
    On October 22, 2014, relator Richard Parker filed a petition for writ of
    habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see
    also Tex. R. App. P. 52. In the petition, relator asks this court to order his release
    from an allegedly void confinement in the Harris County Jail for contempt based
    on an order issued by the 247th District Court of Harris County. On October 30,
    2014, this court granted relator temporary relief by issuing an interim writ of
    habeas corpus and ordering relator released from confinement upon the posting of
    a bond, pending this court’s consideration of his petition. See Tex. R. App. P.
    52.8(b)(3), 52.10.
    At the time relator filed his petition for writ of habeas corpus, the Honorable
    Bonnie Crane Hellums was serving in the capacity as presiding judge of the 247th
    District Court. Judge Hellums signed the order challenged by relator in his petition.
    However, Judge Hellums has since relinquished her position as presiding judge of
    the 247th District Court. The Honorable John Schmude is the current presiding
    judge of the 247th District Court. By rule, we must abate this original proceeding
    to permit respondent’s successor to reconsider the order challenged in relator’s
    petition. See Tex. R. App. P. 7.2(b); cf. In re Schmitz, 
    285 S.W.3d 451
    , 453 (Tex.
    2009) (orig. proceeding) (holding that the proper respondent in mandamus
    proceeding challenging judicial orders “should generally be the judge who made
    the ruling”).
    Therefore, without expressing any opinion on the merits of relator’s petition,
    we abate this proceeding, treat it as a closed case, and remove it from this court’s
    active docket. This original proceeding will be reinstated on this court’s active
    docket at such time when respondent’s successor advises this court of the action
    taken upon reconsideration of the order challenged by relator. This court also will
    consider an appropriate motion filed by either party to reinstate or dismiss this
    original proceeding, as appropriate. The interim habeas relief granted by this court
    on October 30, 2014 shall remain in effect pending further order of this court.
    We further direct relator to advise this court of the status of the underlying
    litigation every thirty (30) days from the date of this order until the trial court has
    2
    informed this court of the action taken upon reconsideration of the order
    challenged by relator.
    It is so ORDERED.
    PER CURIAM
    Panel consists of Justices McCally, Busby, and Donovan.
    3
    

Document Info

Docket Number: 14-14-00850-CV

Filed Date: 1/23/2015

Precedential Status: Precedential

Modified Date: 1/23/2015