law-mandamus-wrong-judge-as-respondent | abatement to afford new subsequent trial court judge opportunity to
reconsider complained-of order   |
discovery mandamus | mandamus vs. interlocutory appeal | mandamus
standard | common errors in mandamus petitions | mandamus petition requirements | mandamus against public
official | venue mandamus | mandamus based on trial court's failure to rule on motion |

State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962) (per curiam) (“A writ of mandamus will
not lie against a successor judge in the absence of a refusal by him to grant the relief
Relator seeks.  If the successor judge refuses to grant the relief sought, Relator may then
amend its application for writ of mandamus and the matter will be decided on the merits.”).

MANDAMUS RELIEF AGAINST WHOM? - WHICH JUDGE?

In re Allianz Global Risk US (Tex.App.- Houston [1st Dist.] Feb. 29, 2008)(per curiam) (mandamus
not appropriate against judge who did not sign the order)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00165-CV In re Allianz Global Risk US, Allianz Life Insurance Company of North America,
Allstate Insurance Company, Chubb Indemnity Insurance Company, Continental Casualty
Company, Fireman's Fund Insurance Company, et al.
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)

In re Marsh USA Inc. (Tex.App. - Houston [1st Dist.] Feb. 29, 2008)(per curiam) (whom may
mandamus relief be sought against, proper judge as respondent)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00166-CV In re Marsh USA Inc. (Delaware) and Marsh USA Inc. (Texas)
Appeal from 11th District Court of Harris County (
Hon. Mark Davidson)

RELEVANT RECENT SUPREME COURT DECISION REGARDING NEED FOR ABATEMENT AND
EXCEPTION TO THE RULE THAT JUDGE WHO ISSUED ORDER AGAINST WHICH RELIEF IS
SOUGHT MUST BE RESPONDENT FOR PURPOSES OF MANDAMUS RELIEF
In Re Schmitz, No. 07-0581 (Tex. May 22, 2009)(Brister)
(
shareholder derivative suit, sufficiency of pre-suit demand letter, Texas Supreme Court's criteria
for mandamus relief, proper respondent in proceeding for mandamus relief, abatement not
warranted in this case)
IN RE HAROLD R. SCHMITZ, ET AL.; from Bexar County; 4th district (04-
07-00359-CV, ___ SW3d ___,07-11-07) The Texas Supreme Court conditionally grants the
petition for writ of mandamus.
Justice Brister delivered the opinion of the Court. (Chief Justice
Jefferson not sitting)


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