C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Kenneth B. Chaiken and Chaiken & Chaiken, P.C.

Appellate case number: 01

- 21

- 00200

- CV

Trial court case number: 1156293

Trial court: Co unty Civil C our t at Law No

. 1 of Harris County

Relator s , Kenneth B. Chaiken and Chaiken & Chaiken, P.C., ha ve filed a petition for writ of mandamus in this Court, “ challeng [ ing ] the orde r that Relators immediately pay sanctio ns and the various inj unctions limit ing their abi lity to seek jud icial redress. ”
The April 13, 2021 sanctions order was signed by the Honorable George Barnstone

. 1

, 2

1 On April 23, 2021, this Court granted a mot i on for t emporary re lief to s tay the trial

court ’s order that relators pay $50,000.00 in sanct ion s on or be fore April 23, 2021. On May 4, 202 1, this Court granted a second motion for temporary relief, st aying Judge Barnstone ’s April 13, 2021 order prohibiting “ ad hominem, personal
attacks ” in relators ’ pleadings ; st aying the final two paragraphs o f J udge

Barnstone ’s April 26, 2021 sanctions order; and set ting a briefing schedule for
relators to file an am ended or supplemental petition and for real parties in interest to file a response.

2 Three mandamus petitions t hat stem from the same trial cou rt ca se have been filed

. In one of those proceedings, No. 01

- 21

- 00250

- CV

, In re 2016 Baytown Rd

, LLC
d/b/a Wa termark at Baytown Apartments, 2015 Houston Redford, LLC d/b/a The

R edford Apartments, 2013 Houston Maxey, LLC d/b /a Rollingwood Apartments,
2013 H ou ston Fleming, LLC d/b/a Timber Ridge Apartments, 2013 Travis Oak Creek, LP d/b/a Lucero Apartment H omes, 20 13 Travis Oak Creek GP, LLC

, Lucero, LLC, 2015 Houston Gulf ton, LLC d/b/a L a Estancia Apartments, 2014
Galveston J

ones Drive , LLC d/b/a Island Bay Ap artments, Eureka Multif amily Group GP, Inc., Eureka Multifamily Group, LP, Rene Campos, Jimmy Arnold,
Chris Roberson, Kenneth B. Chaiken, and Chaiken & Chaike n P.C

. , all trial courtJudge Barnstone resigned from the office of judge of Co u nty Civil Court at L aw

No. 1 of Harris County, Texas

, effective Jul y 19, 2021

. On J uly 26, 2021, Rela tors and
several “ joining defendants ” 3 fil ed a Motion to Abate p ursuant to Texas Rule of Appellate Procedure 7.2 ( b)

. Relators ’ motion is g ranted. Pursuant to Texas Rule of Appellate Procedure 7.2, the Honorable Audrie Lawton

- Evans is su bstituted for the

Honora ble George Barnstone as the respondent in this original proceeding. See T EX

. R.
A PP

. P. 7.2(a). Further, this original proceeding for petition of writ of mandamus is abated and remanded to the trial court to allow Judge Lawton

- E va ns to reconsider the ruling m ade the basis of relator s ’ petition. See T EX

. R. A PP

. P. 7.2(b) (“If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party’s decision

. ”)

. The trial court stay is lifted for the limited purpose of allowing Judge Lawton

- Evans to reconsider the ruling.

Within forty

- f

ive days of the d ate of this order, the parties are directed to notify the Clerk of this Court of any action taken on reconsid eration of the rulings made the basis of relator’s petition and file any orders regarding reconsideration of those rulings in a supplemental mandam us record. The Court will then consider a motion to reinstate or
motion to dismiss this proceeding, as appro priate.

This o riginal proceeding is abated , treated as a closed case, and removed from
this Court’s active docket.

I t is so ORDERED.

Judge’s signature:

_________ /s/ Julie Countiss

____________ A c ting individually

Date: S eptember 28, 20 21

proceedings and deadlines w ere stayed u ntil the petition for writ of man da mus is
decided or until further order from this Court

.

3 The “

joini ng defendants ” are Eureka Multifamily Group , L.P., Eureka Multifami l y G roup GP, I nc., 2016 Baytown Ward Rod., LLC, 2015 Houston , LLC, 2014
G alveston Jo nes Drive, LLC, 2013 Houston Flemin g, LLC, 2013 Houston Maxey, LLC, 2015 Houston Gulfton, LLC, 2013 Travis Oak Creek, LP, 2013 Travis Oak
Cree k GP, LLC, Rene Campos, Jimmy Arnold, Chris Robertson

, Kenneth B. Chaiken, and Chaiken & Chaiken, P.C.