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The Court of Appeals for the First District of Texas at Houston issued a continuing order of abatement for a mandamus petition. Previously, the case was abated and remanded to allow the new respondent, the Honorable David S. Perwin, to rule on the relator's motion to transfer venue. A subsequent supplemental clerk's record was filed, but it only contained a docket sheet with a handwritten entry, not a written order, thus failing to comply with the court's instructions. The Court emphasized that a docket entry does not substitute for a written order. Consequently, the court continued the abatement, lifted a prior stay, and remanded the mandamus petition again, ordering the district clerk to file a second supplemental clerk’s record with a written and signed order from the respondent within 30 days. The case is abated, treated as closed, and removed from the active docket until compliant records are filed.
in Re Terr'l La'yonne Mark is a workers' compensation case decided in Texas Court of Appeals, 1st District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 1st District (Houston).
Full Decision Text1 Pages
The Court of Appeals for the First District of Texas at Houston issued a continuing order of abatement for a mandamus petition. Previously, the case was abated and remanded to allow the new respondent, the Honorable David S. Perwin, to rule on the relator's motion to transfer venue. A subsequent supplemental clerk's record was filed, but it only contained a docket sheet with a handwritten entry, not a written order, thus failing to comply with the court's instructions. The Court emphasized that a docket entry does not substitute for a written order. Consequently, the court continued the abatement, lifted a prior stay, and remanded the mandamus petition again, ordering the district clerk to file a second supplemental clerk’s record with a written and signed order from the respondent within 30 days. The case is abated, treated as closed, and removed from the active docket until compliant records are filed.
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