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In re Hill

Court of Appeals of Texas, Fifth District, Dallas
Apr 21, 2010
No. 05-10-00447-CV (Tex. App. Apr. 21, 2010)

Opinion

No. 05-10-00447-CV

Opinion issued April 21, 2010.

Original Proceeding from the Probate Court No. 2, Dallas County, Texas, Trial Court Cause Nos. PR-07-02210-2A, PR-08-00830-2, and PR-09-03782-2.

Before Justices BRIDGES, RICHTER, and FILLMORE.

Opinion by Justice BRIDGES.


MEMORANDUM OPINION


Before the Court are relators' April 9, 2010 and April 14, 2010 petitions for writ of mandamus. The facts and issues are well known to the parties, so we need not recount them in detail herein. Relators name Judge Nikki DeShazo as respondent in their April 9, 2010 petition and Judge Robert E. Price as respondent in their April 14, 2010 petition. However, the basis of both of relators' petitions is that Judge DeShazo was not statutorily qualified for appointment to hear relators' motion to recuse Judge Price. Relators are thus making a collateral attack on Regional Administrative Judge John Ovard's appointment of Judge DeShazo to hear relators' motion to recuse Judge Price.

On the record before us, we do not have jurisdiction over Judge Ovard's order appointing Judge DeShazo to hear the motion to recuse. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); In re Michael Hooper Associates, P.C., No. 05-09-01291-CV, 2009 WL 3647580 (Tex. App.-Dallas Nov. 5, 2009, orig. proceeding). Accordingly, we DISMISS relator's April 9, 2010 and April 14, 2010 petitions for writs of mandamus for want of jurisdiction.


Summaries of

In re Hill

Court of Appeals of Texas, Fifth District, Dallas
Apr 21, 2010
No. 05-10-00447-CV (Tex. App. Apr. 21, 2010)
Case details for

In re Hill

Case Details

Full title:IN RE ALBERT G. HILL, III AND ERIN HILL, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 21, 2010

Citations

No. 05-10-00447-CV (Tex. App. Apr. 21, 2010)