Opinion issued July 6, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00488-CV

NO. 01-07-00490-CV

IN RE MICHAEL EASTON AND DAWN JOHNSON WHATLEY, Relators

Original Proceeding on Petition for Writ of Mandamus

Original Proceeding on Petition for Writ of Prohibition

MEMORANDUM OPINION

By petitions for writ of mandamus and prohibition, relators, Michael Easton and Dawn Johnson Whatley, challenge Presiding Statutory Probate Judge Guy Herman's June 7, 2007 minute order assigning himself to hear pending motions to recuse Judge Mike Wood and to transfer Cause No. 2006-36929, Sun Life, et al v. Mylus James Walker,Jr., et al, from the 125th District Court of Harris County, Texas to Harris County Probate Court No. 2. ⁽¹⁾

We deny the petition for writ of mandamus in Cause No. 01-07-00488-CV.

We deny the petition for writ of prohibition in Cause No. 01-07-00490-CV.

We vacate our June 15, 2007 order staying the hearings set for June 18, 2007, in Cause No. 355,095, In re Guardianship of the Person and Estate of Perry Lee Whatley, in Harris County Probate Court Number 2.

Panel consists of Justices Nuchia, Hanks, and Bland.

1. The respondent is Presiding Statutory Probate Judge Guy Herman.