Opinion
NO. 14-19-00258-CV
04-02-2020
BERRY Y&V FABRICATORS, LLC, Appellant v. STEFANI BAMBACE, Appellee
On Appeal from the 234th District Court Harris County, Texas
Trial Court Cause No. 2018-27762
ORDER
This is an interlocutory appeal taken from an order signed April 8, 2019. On March 20, 2020, appellee filed a motion to recuse Justice Jewell from the panel assigned to hear this appeal.
Rule 16 of the Texas Rules of Appellate Procedure states that the grounds for recusal are the "same as those provided in the Rules of Civil Procedure." Tex. R. App. P. 16.2. Rule 18b(2) of the Texas Rules of Civil Procedure identifies the grounds for recusal. Tex. R. Civ. P. 18b(2); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App.—Waco 2001, pet. denied) (order). It provides, in part, that a judge shall recuse himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned or the judge has a personal bias or prejudice concerning a party. Tex. R. Civ. P. 18b(2)(a), (b).
Rule 16.3 of the Texas Rules of Appellate Procedure prescribes the procedure to be followed for recusal of an appellate justice or judge:
Before any further proceeding in the case, the challenged justice or judge must either remove himself or herself from all participation in the case or certify the matter to the entire court, which will decide the motion by a majority of the remaining judges sitting en banc. The challenged justice or judge must not sit with the remainder of the court to consider the motion as to him or her.Tex. R. App. P. 16.3(b).
Under the procedure set forth in rule 16.3(b), upon the filing of the motion to recuse and before any further proceedings in this appeal, Justice Jewell chose to certify the matter to the remaining members of the en banc court. See id. The justices, except for Justice Jewell, then deliberated and denied the motion to recuse. Accordingly, the motion to recuse is DENIED.
PER CURIAM En Banc court consists of Chief Justice Frost and Justices Christopher, Wise, Bourliot, Zimmerer, Spain, Hassan, and Poissant (Jewell, J. not participating).