in Re XTO Energy, Inc.

IN THE

TENTH COURT OF APPEALS

No. 10-08-00240-CV

In re XTO Energy, Inc.

Original Proceeding

ABATEMENT ORDER

XTO Energy, Inc. filed an original mandamus proceeding against H. D. Black, then the judge of the 77th District Court. However, Judge Black retired and is no longer the sitting judge of the district court. On January 1, 2009, Patrick Simmons became the sitting judge of the 77th District Court.

Judge Simmons is substituted as the respondent in this original proceeding. Tex. R. App. P. 7.2 (a). Because this is an original proceeding, we set aside the submission and abate this proceeding to allow…