Opinion
11-21-00194-CV
01-06-2022
IN THE MATTER OF THE ESTATE OF ESTHER ABELL DENTON, DECEASED
Do not publish. See Tex. R. App. P. 47.2(b).
On Appeal from the County Court at Law No. 2 Midland County, Texas Trial Court Cause No. P14779
Panel consists of: Bailey, C.J. and Williams, J. Trotter, J., not participating.
ORDER
PER CURIAM
We have reviewed the "Motion to Recuse or Disqualify Justice W. Stacy Trotter From This Case" filed in this cause on December 29, 2021, as it pertains to seeking the recusal or disqualification of Justice W. Stacy Trotter. Pursuant to Rule 16.3(b) of the Texas Rules of Appellate Procedure, Justice Trotter has considered the motion in chambers. Justice Trotter has found no reason to recuse or disqualify himself and, pursuant to Rule 16.3(b), has certified the issue to the entire court for a determination by the other justices of this court. See Tex. R. App. P. 16.3(b). Chief Justice John M. Bailey and Justice W. Bruce Williams have decided the matter without Justice Trotter's participation.
A copy of Justice Trotter's written certification is attached to this order.
The recusal or disqualification of appellate judges is controlled by Rule 16 of the Texas Rules of Appellate Procedure. The grounds for disqualification are provided by the Texas Constitution and the laws of Texas. Tex.R.App.P. 16.1; see Tex. Const. art. V, § 11. The grounds for recusal of an appellate court justice are provided in the Texas Rules of Civil Procedure. Tex.R.App.P. 16.2; see Tex. R. Civ. P. 18b. We find no reason for Justice Trotter to disqualify or recuse himself and hold that none of the grounds set out in Article V, § 11 or Rule 18b are applicable to Justice Trotter in this case. See Tex. Const. art. V, § 11; Tex.R.Civ.P. 18b; see also Manges v. Guerra, 673 S.W.2d 180, 185 (Tex. 1984); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App.-Waco 2001, pet. denied).
The request for the recusal or disqualification of Justice W. Stacy Trotter is denied.