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Guerra v. Fabian Limas Expressway 83

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
May 5, 2016
NUMBER 13-15-00615-CV (Tex. App. May. 5, 2016)

Opinion

NUMBER 13-15-00615-CV

05-05-2016

JUAN ANGEL GUERRA, Appellant, v. FABIAN LIMAS AS RECEIVER OF 10164 WEST EXPRESSWAY 83, LA FERIA, TEXAS, Appellee.


On appeal from the 404th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum OpinionPer Curiam

Appellant, Juan Angel Guerra, attempted to perfect an appeal from the trial court's order denying his motion to recuse the trial court judge in trial court cause number 2014-DCL-883-G. Because this order is not an appealable order, we dismiss for want of jurisdiction.

Upon review of the documents before the Court, it appeared that the order from which this appeal was taken was not an appealable order. On March 3, 2016, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter, the appeal would be dismissed. Appellant failed to respond to the Court's notice.

In terms of appellate jurisdiction, appellate courts only have jurisdiction to review final judgments and certain interlocutory orders identified by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An order denying a motion to recuse may be reviewed only on appeal from a final judgment. See TEX. R. CIV. P. 18a(j)(1)(a).

The Court, having fully reviewed and considered the documents herein, concludes that the order appealed from fails to invoke our appellate jurisdiction and is of the opinion that the cause should be dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).

PER CURIAM Delivered and filed this the 5th day of May, 2016.


Summaries of

Guerra v. Fabian Limas Expressway 83

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
May 5, 2016
NUMBER 13-15-00615-CV (Tex. App. May. 5, 2016)
Case details for

Guerra v. Fabian Limas Expressway 83

Case Details

Full title:JUAN ANGEL GUERRA, Appellant, v. FABIAN LIMAS AS RECEIVER OF 10164 WEST…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: May 5, 2016

Citations

NUMBER 13-15-00615-CV (Tex. App. May. 5, 2016)