The opinion
Opinion issued March 10, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00766-CV
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IN RE ARNOLD BROWN, DBA ARNOLD BROWN CONSTRUCTION
COMPANY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Arnold Brown, dba Arnold Brown Construction Company, filed a
petition for writ of mandamus challenging the trial court’s order striking relator’s
pleadings and entering an interlocutory judgment.1 Relator argued that the trial court
abused its discretion in imposing death penalty sanctions.
1
The underlying case is Monica Hawkins v. Arnold Brown dba Arnold Brown
Construction Company, et al., cause number 2011-49521, pending in the 189th
District Court of Harris County, Texas, the Honorable Scot Dollinger presiding.
Because the trial judge who signed the orders challenged in this proceeding is
no longer on the bench, this Court issued an order for the successor judge to
reconsider the previous judge’s orders. See TEX. R. APP. P. 7.2(b). A supplemental
clerk’s record was filed on November 13, 2019 containing a new order signed by the
successor judge vacating the portion of the prior order imposing death penalty
sanctions and ordering the parties to file an agreed scheduling order with new
deadlines for discovery and trial.
Accordingly, this Court issued an order advising relator that unless a response
was filed within ten days the Court would consider dismissal of this petition as moot.
No response was filed.
The petition is dismissed as moot. Any pending motions are also dismissed as
moot.
PER CURIAM
Panel consists of Justices Keyes, Lloyd, and Kelly.
2