Opinion
No. 08-15-00378-CV
01-27-2016
Nicholas J. Bonacci, Appellant, v. Myriam Soraya Barragan and Gregory B. Pine, Appellees.
Appeal from the 284th District Court of Montgomery County, Texas (TC# 15-08-07936-CV) ORDER
Pending before the Court is Appellant's motion to reconsider our order denying his motion to abate the appeal until a visiting judge is assigned to replace Chief Justice McClure on the panel. Appellant complains that the Court acted improperly by ruling on his motion without a written order. Appellate courts are required to issue a written opinion when it finally disposes of a case, but a court is not required to issue a written order on every motion, and appellate courts routinely decide motions without written order as occurred in this case. The Court denied Appellant's request for abatement of the appeal because it is unnecessary. A visiting judge is normally assigned following a recusal when the case is set for submission on the merits, which in this case would be several months in the future after the clerk's record and the briefs have been filed. Further, a three-judge panel is not required to rule on incidental motions because a single justice of the Court is authorized to decide a motion, including a motion to abate an appeal. See TEX.R.APP.P. 10.4. However, Senior Judge, Susan Larsen, visiting judge, has been assigned to this case. For these reasons, Appellant's motion to reconsider is denied.
IT IS SO ORDERED this 27th day of January, 2016.
PER CURIAM Before Rodriguez, Hughes, JJ., and Larsen, J. (Senior Judge), sitting by assignment