In Re: MRC Edgewater, d/b/a Turner Geriatric Center; Methodist Retirement Communites; Alecia Horn, R.N.; Arlinda Billington, R.N; Beverly Reed, R.N.; Maria Batrez, L.V.N; and Linda Mullin, L.V.N.--Appeal from Probate Court of Galveston County

Petition for Writ of Mandamus Dismissed and Opinion filed November 14, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-01061-CV

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IN RE MRC EDGEWATER, d/b/a TURNER GERIATRIC CENTER; METHODIST RETIREMENT COMMUNITIES; ALECIA HORN, R.N.; ARLINDA BILLINGTON, R.N.; BEVERLY REED, R.N.; MARIA BATREZ, L.V.N.; and LINDA MULLIN, L.V.N.; Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

O P I N I O N

On October 15, 2002, relators filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221; see also Tex. R. App. P. 52. Relators asked this Court to issue a writ directing that the order signed on October 2, 2002, by Judge Gladys Burwell, the judge of the Probate Court, Galveston County, Texas, be set aside.[1] The October 2, 2002, order required relators to produce documents they assert are protected from discovery. Relators also requested temporary relief.

On October 16, 2002, we ordered the trial court=s order stayed until final decision by this Court on relators= petition for writ of mandamus, or until further orders of this Court. Judge Burwell had signed an order recusing herself, and the Presiding Statutory Probate Judge assigned the Honorable Jim Scanlan to preside over this case on October 17, 2002. Also on October 17, 2002, the real parties filed a response to the petition for writ of mandamus in which they argued that relators should seek relief from the successor judge before this Court acts on relators= petition.

On October 18, 2002, this Court abated this proceeding to allow the successor judge to reconsider the original judge=s decision. See Tex. R. App. P. 7.2(b); In re White, 967 S.W.2d 507, 509 (Tex. App.CHouston [14th Dist.] 1998, orig. proceeding). On November 6, 2002, the Honorable Jim Scanlan signed an order vacating the order signed on October 2, 2002, and granted the real parties= objections to production of privileged documents. This Court=s abatement order is therefore lifted and the proceeding is reinstated.

The order that is the subject of relators= petition for writ of mandamus has been vacated. Accordingly, this proceeding, and the stay order issued by this Court on October 18, 2002, have been rendered moot.

We dismiss relators= petition for writ of mandamus.

PER CURIAM

Petition Dismissed and Opinion filed November 14, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish Tex. R. App. P. 47.3(b).

[1] The underlying case is styled Isidoro Trevino, Individually and as Representative of the Estate of Petra Nieto Trevino, Michael Trevino, Eleno Trevino, Celia Moya, Ines Lyon Rosa Vela, and Ramona Trevino v. MRC Edgewater d/b/a Turner Geriatric Center, Methodist Retirement Communities, Alecia Horn, R.N., Arlinda Billington, R.N., Beverly Reed, R.N., Maria Batrez, L.V.N., and Linda Mullin, L.V.N., filed under trial court cause number 64,049-A, in the Probate Court of Galveston County, Texas.