                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00415-CV
                           ____________________

      MEHRASA KHODAVERDI A/K/A TONY VERDI AND VERDI
                ENTERPRISE, LLC, Appellant

                                        V.

                 HAMIDREZA PIRAYESHNEJAD, Appellee
_______________________________________________________           ______________

                   On Appeal from the 410th District Court
                        Montgomery County, Texas
                      Trial Cause No. 16-08-09938-CV
________________________________________________________           _____________

                                     ORDER

      On November 1, 2016, Mehrasa Khodaverdi a/k/a Tony Verdi and Verdi

Enterprise, LLC (collectively referred to as “Verdi”) filed a notice of accelerated

appeal from the trial court’s order denying a motion to expunge a lis pendens.

Verdi filed a mandamus petition in lieu of a brief and the response filed by

Hamidreza Pirayeshnejad asserts that mandamus is the proper procedural vehicle.

Thus, it appears the parties agree that this Court lacks jurisdiction over the


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accelerated appeal and this matter should proceed as an original mandamus

proceeding. An interlocutory order may be reviewed by mandamus under

appropriate circumstances. See CMH Homes v. Perez, 340 S.W.3d 444, 452-53

(Tex. 2011).

      The judge who signed the order at issue has left office and a successor has

assumed the bench. If this Court permits this matter to proceed as an original

proceeding, the successor judge must be provided an opportunity to reconsider the

original judge’s decision. See Tex. R. App. P. 7.2. Accordingly, we abate this

proceeding for thirty days to provide an opportunity for Verdi to obtain a ruling

from the successor judge. Id. This matter will be reinstated without further order of

this Court in thirty days unless before that date we receive the order of the

successor judge or a motion to dismiss. See generally Tex. R. App. P. 42.

      ORDER ENTERED January 12, 2017.

                                                               PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.




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