in Re Kenneth B. Chaiken and Chaiken & Chaiken, P.C.

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER

Appellate case name: In re Kenneth B. Chaiken and Chaiken & Chaiken, P.C. Appellate case number: 01-21-00200-CV Trial court case number: 1156293 Trial court: County Civil Court at Law No. 1 of Harris County

Relators, Kenneth B. Chaiken and Chaiken & Chaiken, P.C., have filed a petition for writ of mandamus in this Court, “challeng[ing] the order that Relators immediately pay sanctions and the various injunctions limiting their ability to seek judicial redress.” The April 13, 2021 sanctions order was signed by the Honorable George Barnstone.1,2

Judge Barnstone resigned from the office of judge of County Civil Court at Law No. 1 of Harris County, Texas, effective July 19, 2021. On July 26, 2021, Relators and several “joining defendants”3 filed a Motion to Abate pursuant to Texas Rule of Appellate Procedure 7.2(b). Relators’ motion is granted. Pursuant to Texas Rule of Appellate Procedure 7.2, the Honorable Audrie Lawton-Evans is substituted for the Honorable George Barnstone as the respondent in this original proceeding. See TEX. R. APP. P. 7.2(a). Further, this original proceeding for petition of writ of mandamus is abated and remanded to the trial court to allow Judge Lawton-Evans to reconsider the ruling made the basis of relators’ petition. 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.”). The trial court stay is lifted for the limited purpose of allowing Judge Lawton-Evans to reconsider the ruling.

Within forty-five days of the date of this order, the parties are directed to notify the Clerk of this Court of any action taken on reconsideration of the rulings made the basis of relator’s petition and file any orders regarding reconsideration of those rulings in a supplemental mandamus record. The Court will then consider a motion to reinstate or motion to dismiss this proceeding, as appropriate.

This original proceeding is abated, treated as a closed case, and removed from this Court’s active docket.

It is so ORDERED.

Judge’s signature: _________/s/ Julie Countiss____________

Acting individually Date: September 28, 2021 proceedings and deadlines were stayed until the petition for writ of mandamus is decided or until further order from this Court.