Opinion
14-23-00416-CV
08-17-2023
JOSHUA MARBLEY, Appellant v. HARRIS COUNTY, Appellee
On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2022-09776
Panel consists of Justices Jewell, Spain, and Wilson.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from an order signed on May 26, 2023 recusing one district judge from the trial court proceeding and transferring the case to an administrative judge for further transfer, and another order signed on June 1, 2023 transferring the case to the 295th District Court. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). Orders transferring cases to other trial courts and recusing a judge from a proceeding are normally not appealable interlocutory orders. See Tex.R.Civ.P. 18a(j)(1)(B) ("An order granting a motion to recuse is final and cannot be reviewed by appeal, mandamus, or otherwise."); Fox v. Wardy, 224 S.W.3d 307, 309 (Tex. App.-El Paso 2005, pet. denied) (holding interlocutory transfer order was unappealable).
Both orders are contained in the same document.
On June 20, 2023, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless any party demonstrates this court has jurisdiction over this appeal on or before June 30, 2023. See Tex.R.App.P. 42.3(a). Appellant filed a response, but the response does not demonstrate that this court has jurisdiction.
Accordingly, the appeal is dismissed.