Opinion
No. 05-15-00624-CV
07-27-2016
BARBARA F. LOVING, Appellant v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-15-01818-E
ORDER
Before the Court is appellant's July 22, 2016 pleading titled "Hearing DEMANDED before panel." Though it is difficult to discern what relief Appellant seeks, we construe the pleading as a motion to recuse the justices of this Court from hearing and deciding the above-styled case.
A motion to recuse an appellate court justice before whom a case is pending must be filed "promptly after the party has reason to believe that the justice or judge should not participate in deciding the case." TEX. R. APP. P. 16.3. By letter dated March 17, 2016, the Court set the case for submission and notified the parties, including Appellant, that the case would be submitted without oral argument on May 3, 2016 to a panel consisting of Justice Lang-Miers, Justice Evans, and Justice Brown. A memorandum opinion affirming the judgment of the county court at law was filed June 24, 2016. Appellant's motion to recuse the justices of this Court from hearing her case is untimely because it was not filed promptly after the Court notified Appellant of the justices who would hear her case and an opinion has already been issued on the merits of the case. Accordingly, we DENY appellant's motion to recuse as untimely. TEX. R. APP. P. 16.3.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE