Court of Appeals of Texas, 2014

in Re Wells Fargo Bank, N.A., Bank of Montreal, the Prudential Insurance Company of America, Thomas E. McGraw and Troy Jefferson

in Re Wells Fargo Bank, N.A., Bank of Montreal, the Prudential Insurance Company of America, Thomas E. McGraw and Troy Jefferson
Court of Appeals of Texas · Decided April 10, 2014
in Re Wells Fargo Bank, N.A., Bank of Montreal, the Prudential Insurance Company of America, Thomas E. McGraw and Troy Jefferson

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00094-CV ____________________

IN RE WELLS FARGO BANK, N.A., BANK OF MONTREAL, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,

THOMAS E. MCGRAW, AND TROY JEFFERSON _______________________________________________________ ______________

Original Proceeding

________________________________________________________ _____________

ORDER

On February 28, 2014, Wells Fargo Bank, N.A., Bank Of Montreal, The Prudential Insurance Company Of America, Thomas E. Mcgraw, And Troy Jefferson filed a petition for writ of mandamus to compel the judge of the 58th District Court of Jefferson County, Texas to grant a continuance of the trial and permit additional discovery in trial court case number A-189,693. On March 7, 2014, the judge recused himself from further consideration of the case. We may abate a mandamus proceeding when a trial judge recuses after the mandamus proceeding is filed. See In re Blevins, No. 12-0636, 2013 WL 5878910, at *2 (Tex. Nov. 1, 2013) (orig. proceeding).

This original proceeding is hereby abated for thirty days, to provide the relator with the opportunity to present this matter to the successor judge. Id., see also Tex. R. App. P. 7.2(b). The supplemental mandamus record is due May 12, 2014. See Tex. R. App. P. 52.7(b). Our temporary order of March 3, 2014, remains in effect. See Tex. R. App. P. 52.10(b).

ORDER ENTERED April 10, 2014.

PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.

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