Opinion issued June 25, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00295-CV

IN RE SHERMAN D. PERNIA, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          By petition for writ of mandamus, relator, Sherman D. Pernia, challenges the trial court’s May 6, 2009, order compelling arbitration.

            On April 20, 2009, the Court abated the above-referenced original proceeding to allow the Honorable Mike Miller, who succeeded the Honorable Mark Davidson, former judge of the 11th District Court of Harris County, Texas, to reconsider Judge Davidson’s order, dated December 30, 2008, compelling arbitration. See Tex. R. App. P. 7.2(b) (“If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party’s decision.”). On May 26, 2009, relator filed with this Court a copy of Judge Miller’s order, in which he, too, compelled arbitration.

          Accordingly, we reinstate the above-referenced original proceeding on the Court’s active docket.

          We deny relator’s motion for temporary stay of arbitration.

          We deny the petition for writ of mandamus.

PER CURIAM

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