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Merritt v. Davis

Court of Appeals Fifth District of Texas at Dallas
Nov 19, 2014
No. 05-14-00402-CV (Tex. App. Nov. 19, 2014)

Opinion

No. 05-14-00402-CV

11-19-2014

LOWELL MERRITT, Appellant v. ROBERT DAVIS, Appellee


On Appeal from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-1387-2009

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers

Before the Court is Robert Davis's motion to dismiss the appeal. Davis contends the appeal, from an order denying appellant's motion to recuse the trial judge, should be dismissed for want of jurisdiction. Davis also filed a motion to strike Lowell Merritt's brief. Merritt filed a reply to the motion to strike. He also filed an "Add To Appellant's Reply" in which he addressed whether there is an appealable order.

Merritt has been declared a vexatious litigant and is subject to the pre-filing order under section 11.101 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.101 (West Supp. 2014). In the trial court, Davis filed a motion to hold Merritt in contempt of court after receiving a letter from Merritt threatening him with a lawsuit. Before the hearing on the motion, Merritt filed a motion to recuse the trial judge. Following the hearing, the trial court denied the motion to recuse and awarded sanctions after finding the motion to recuse was groundless.

Nothing in the record before this Court shows that Merritt obtained the required permission to appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a) (West Supp. 2014). Moreover, 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 order Merritt is appealing is an unappealable interlocutory order. For this reason, we grant Davis's motion. We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 140402F.P05

/Lana Myers/

LANA MYERS

JUSTICE

JUDGMENT

On Appeal from the 380th Judicial District Court, Collin County, Texas
Trial Court Cause No. 380-1387-2009 CV.
Opinion delivered by Justice Myers. Justices Bridges and Lang-Miers, participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee ROBERT DAVIS recover his costs of this appeal from appellant LOWELL MERRITT.


Summaries of

Merritt v. Davis

Court of Appeals Fifth District of Texas at Dallas
Nov 19, 2014
No. 05-14-00402-CV (Tex. App. Nov. 19, 2014)
Case details for

Merritt v. Davis

Case Details

Full title:LOWELL MERRITT, Appellant v. ROBERT DAVIS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 19, 2014

Citations

No. 05-14-00402-CV (Tex. App. Nov. 19, 2014)