COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

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: County Civil Court at Law No. 1 of Harris County

Relators, Kenneth B. Chaiken and Chaiken & Chaiken, P.C., have filed a petition 

for writ of mandamus in this Court, “challeng[ing] the order that Relators immediately

pay sanctions and the various injunctions limiting their ability to seek judicial 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 motion for temporary relief to stay the trial 

court’s order that relators pay $50,000.00 in sanctions on or before April 23, 2021. 

On May 4, 2021, this Court granted a second motion for temporary relief, staying 

Judge Barnstone’s April 13, 2021 order prohibiting “ad hominem, personal

attacks” in relators’ pleadings; staying the final two paragraphs of Judge 

Barnstone’s April 26, 2021 sanctions order; and setting a briefing schedule for 

relators to file an amended or supplemental petition and for real parties in interest

to file a response.

2 Three mandamus petitions that stem from the same trial court case have been filed. 

In one of those proceedings, No. 01-21-00250-CV, In re 2016 Baytown Rd, LLC

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

Redford Apartments, 2013 Houston Maxey, LLC d/b/a Rollingwood Apartments, 

2013 Houston Fleming, LLC d/b/a Timber Ridge Apartments, 2013 Travis Oak 

Creek, LP d/b/a Lucero Apartment Homes, 2013 Travis Oak Creek GP, LLC, 

Lucero, LLC, 2015 Houston Gulfton, LLC d/b/a La Estancia Apartments, 2014 

Galveston Jones Drive, LLC d/b/a Island Bay Apartments, Eureka Multifamily 

Group GP, Inc., Eureka Multifamily Group, LP, Rene Campos, Jimmy Arnold, 

Chris Roberson, Kenneth B. Chaiken, and Chaiken & Chaiken P.C., all trial court 
Judge Barnstone resigned from the office of judge of County Civil Court at Law 

No. 1 of Harris County, Texas, effective July 19, 2021. On July 26, 2021, Relators and 

several “joining defendants”

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filed a Motion to Abate pursuant to Texas Rule of 

Appellate Procedure 7.2(b). Relators’ motion is granted. Pursuant to Texas Rule of 

Appellate Procedure 7.2, the Honorable Audrie Lawton-Evans is substituted for the 

Honorable George Barnstone as the respondent in this original proceeding. See TEX. R.

APP. 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-Evans to reconsider the 

ruling made the basis of relators’ petition. See TEX. R. APP. 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-five days of the date of this order, the parties are directed to notify 

the Clerk of this Court of any action taken on reconsideration of the rulings made the 

basis of relator’s petition and file any orders regarding reconsideration of those rulings in 

a supplemental mandamus record. The Court will then consider a motion to reinstate or 

motion to dismiss this proceeding, as appropriate.

This original proceeding is abated, treated as a closed case, and removed from 

this Court’s active docket.

It is so ORDERED.

Judge’s signature: _________/s/ Julie Countiss____________

 Acting individually

Date: September 28, 2021

proceedings and deadlines were stayed until the petition for writ of mandamus is 

decided or until further order from this Court. 

3 The “joining defendants” are Eureka Multifamily Group, L.P., Eureka Multifamily 

Group GP, Inc., 2016 Baytown Ward Rod., LLC, 2015 Houston, LLC, 2014 

Galveston Jones Drive, LLC, 2013 Houston Fleming, LLC, 2013 Houston Maxey, 

LLC, 2015 Houston Gulfton, LLC, 2013 Travis Oak Creek, LP, 2013 Travis Oak 

Creek GP, LLC, Rene Campos, Jimmy Arnold, Chris Robertson, Kenneth B. 

Chaiken, and Chaiken & Chaiken, P.C.