In re William R. Vance, Jr., Individually and as Independent Executor of the Estate of Florene K. Grace, Deceased--Appeal from County Court at Law No 1 of Brazos County

Annotate this Case

Download PDF

IN THE TENTH COURT OF APPEALS No. 10-10-00296-CV IN RE WILLIAM R. VANCE, JR., INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF FLORENE K. GRACE, DECEASED Original Proceeding MEMORANDUM OPINION William R. Vance, Jr. seeks a writ of mandamus compelling Respondent, the Honorable John A. Hutchinson III, assigned judge to the County Court at Law No. 1 of Brazos County, to vacate his orders holding Vance in contempt and imposing sanctions for Vance s failure to produce certain documents in response to a discovery request. However, as a result of a recusal motion filed by Vance, the Presiding Judge of the Statutory Probate Courts assigned the Honorable William T. McGee to preside over the underlying suit. See TEX. GOV T CODE ANN. § 25.0022 (Vernon Supp. 2010). Mandamus will not issue against a new judge for what a former one did. In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding). Until Judge McGee has had a reasonable opportunity to consider whether Vance should be held in contempt and sanctioned, it would be premature for us to address the issues in this mandamus proceeding. See In re Shellhorse, No. 10-10-00111-CV, 2010 WL 2706115, at *1 (Tex. App. Waco July 7, 2010, orig. proceeding) (mem. op.). Accordingly, we deny the petition without prejudice. Id. FELIPE REYNA Justice Before Justice Reyna, Justice Davis, and Judge Harrison1 Petition denied Opinion delivered and filed October 6, 2010 [OT06] The Honorable Glen N. Harrison, Judge of the 32nd District Court of Nolan County, sitting by assignment of the Chief Justice of the Supreme Court of Texas pursuant to section 74.003(h) of the Government Code. See TEX. GOV T CODE ANN. § 74.003(h) (Vernon 2005). 1 In re Vance Page 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.