Holdampf v. Glasscock Cnty.

Full title: FRANK J. HOLDAMPF D/B/A SPINNING H RANCH, Appellant v. GLASSCOCK COUNTY…

Court: State of Texas in the Eleventh Court of Appeals

Date published: Jan 21, 2016

No. 11-15-00261-CV (Tex. App. Jan. 21, 2016)

Opinion

No. 11-15-00261-CV

01-21-2016

FRANK J. HOLDAMPF D/B/A SPINNING H RANCH, Appellant v. GLASSCOCK COUNTY, TEXAS, ET AL., Appellees

PER CURIAM

On Appeal from the 118th District Court Glasscock County, Texas
Trial Court Cause No. 1737

ORDER

Appellant, Frank J. Holdampf d/b/a Spinning H Ranch, filed a notice of appeal from various orders related to Appellant's motions to recuse. When the appeal was filed, the clerk of this court notified the parties that it did not appear that Appellant was appealing from a final, appealable order. We requested that Appellant file a response showing grounds to continue this appeal. Appellant has requested additional time to file a response and has also notified this court that a hearing is set in the trial court on January 22, 2016, "to hear multiple dispositive motions." We abate the appeal.

Unless specifically authorized by statute, appeals may be taken only from final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840-41 (Tex. 2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). We determine whether a judgment is a final, appealable judgment based on the language in the judgment and the record of the case. Lehmann, 39 S.W.3d at 195. A judgment is final and appealable if it disposes of all parties and all claims in the case. Id. The orders from which Appellant attempts to appeal do not dispose of the case and are not appealable. See TEX. R. CIV. P. 18a(j)(1) (order denying motion to recuse may be reviewed only on appeal from the final judgment; order granting motion to recuse cannot be reviewed by appellate court).

Consequently, we abate the appeal pursuant to TEX. R. APP. P. 27.2 to permit the trial court to enter a final order or judgment. If a final, appealable order or judgment has not been entered by March 21, 2016, this court may dismiss this appeal. See TEX. R. APP. P. 42.3. If a final judgment is entered by that date, the parties are ordered to notify this court immediately.

The appeal is abated.

PER CURIAM January 21, 2016 Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.