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Flores v. Carapia

State of Texas in the Eleventh Court of Appeals
Jul 11, 2019
No. 11-19-00193-CV (Tex. App. Jul. 11, 2019)

Opinion

No. 11-19-00193-CV

07-11-2019

CARLOS FLORES, Appellant v. MARISOL CARAPIA, Appellee


On Appeal from the 446th District Court Ector County, Texas
Trial Court Cause No. CC2-26,129

MEMORANDUM OPINION

Carlos Flores has filed a pro se notice of appeal from an order denying his motion to recuse the trial judge from continuing to preside over the case below. We dismiss the appeal.

On June 5, 2019, when this appeal was docketed, the clerk of this court wrote Appellant and informed him that it did not appear that the order from which he was attempting to appeal was a final, appealable order. We requested that Appellant respond and show grounds to continue the appeal. We have not received any response from Appellant.

An order denying a motion to recuse the sitting judge is not a final, appealable order but, rather, "may be reviewed only for abuse of discretion on appeal from the final judgment." TEX. R. CIV. P. 18a(j)(1)(A). Because Appellant has filed a notice of appeal from the interlocutory order denying his motion to recuse, rather than from a final judgment, we have no jurisdiction to entertain this appeal. See Joyner v. Powell, No. 14-18-00577-CV, 2018 WL 5261128 (Tex. App.—Houston [14th Dist.] Oct. 23, 2018, no pet.) (mem. op.).

Consequently, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM July 11, 2019 Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.


Summaries of

Flores v. Carapia

State of Texas in the Eleventh Court of Appeals
Jul 11, 2019
No. 11-19-00193-CV (Tex. App. Jul. 11, 2019)
Case details for

Flores v. Carapia

Case Details

Full title:CARLOS FLORES, Appellant v. MARISOL CARAPIA, Appellee

Court:State of Texas in the Eleventh Court of Appeals

Date published: Jul 11, 2019

Citations

No. 11-19-00193-CV (Tex. App. Jul. 11, 2019)