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Rule 358. Revival Against Successor in Office (1976)


(a) When a suit in mandamus or injunction is brought against a person holding a public office, in his official capacity, and after final trial and judgment in the trial court, and appeal to the Court of Civil Appeals or Supreme Court has been taken, if such per. son should vacate such office, the suit shall not abate, but his successor may be made a party thereto by a motion showing such facts.

(b) Unless waived, the clerk shall give the successor ten days notice of such motion, whereupon the court shall hear and determine same, and its judgment, order or decree shall be enforced, and the successor bound thereby.

(c) In such cases, the successor shall not be liable for any costs that have accrued prior to the time he was made a party.

Amended by order of July 22, 1975, eff. Jan. 1, 1976: The rule is amended to eliminate the reference to a notice of appeal as an appellate step except in certain cases.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 7.1, 7.2.