Opinion
05-24-00342-CV
05-31-2024
IN RE ERIC DRAKE, Relator
Original Proceeding from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-76307
Partida-Kipness, J., voluntarily recused by separate order.
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is relator's May 24, 2024 "Objection to Denial of Writ of Mandamus and Request for Transfer to Different Court of Appeals." We construe relator's motion as (1) a motion to recuse all justices of the Court with the exception of Justice Nancy Kennedy, and (2) a motion to transfer the case to another court of appeals. We DENY the motion to recuse.
After Chief Justice Burns, III, and Justices Molberg, Pedersen, III, Reichek, Nowell, Carlyle, Goldstein, Smith, Garcia, Miskel, and Breedlove declined to recuse themselves, the motion was certified to and decided by the remaining justices en banc. Other than determining not to voluntarily recuse, the challenged justices did not sit with the remainder of the Court when considering the motion to recuse as to themselves. See TEX. R. APP. P. 16.3(b); F.S. New Products, Inc. v. Strong Industries, Inc., 129 S.W.3d 594, 597 n.3 (Tex. App-Houston [1st Dist.] 2003, no pet.) (en banc); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App-Waco 2001, pet denied) (per curiam); Sears v. Olivarez, 28 S.W.3d 611, 615 (Tex. App.-Corpus Christi 2000, no pet.).
With respect to relator's request to transfer this original proceeding to another court of appeals, we decline to do so. Only the Texas Supreme Court has the authority to transfer the case. Miles v. Ford Motor Co., 914 S.W.2d 135, 137 (Tex. 1995) (per curiam). Accordingly, we have referred the motion to transfer portion of relator's motion to the supreme court. See id. at 137 n.2. We ABATE this original proceeding pending the supreme court's resolution of the motion to transfer.