in Re Southcross Energy Partners, GP, LLC

Fourth Court of Appeals

San Antonio, Texas

November 17, 2017

No. 04-17-00679-CV

IN RE SOUTHCROSS ENERGY PARTNERS, GP, LLC

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Citing section 9(c) of the court’s Internal Operating Procedures (“IOPs”), the real parties in interest have requested clarification of the composition of the panel assigned to this original proceeding. Pursuant to section 8(e) of our IOPs, a panel is assigned to an original proceeding upon receipt of a petition. In accordance with section 8(e), the clerk of the court assigned the panel of Chief Justice Marion, Justice Barnard, and Justice Martinez to this original proceeding upon the filing of relator’s petition on October 16, 2017. Although section 9(c) permits a panel assigned to an original proceeding to determine that the same panel should be assigned to another related matter, section 9(c) only applies when the other matter is “pending” in the court. Because original proceeding no. 04-17-00626-CV was dismissed on October 4, 2017, it was not “pending” in this court when relator filed its petition in this original proceeding. Accordingly, section 9(c) had no relevance in assigning the panel to this original proceeding.

It is so ORDERED on November 17, 2017.

PER CURIAM

ATTESTED TO: ___________________________

Keith E. Hottle,

Clerk of Court