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Petko v. Carelton Courtyard

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 9, 2021
Appellate case number: 01-17-00918-CV (Tex. App. Mar. 9, 2021)

Opinion

Appellate case number: 01-17-00918-CV

03-09-2021

Zsolt Petko and Zsuzsanna Adam v. Carelton Courtyard


ORDER Trial court case number: CV-0077741 Trial court: County Court at Law No. 2 of Galveston County

Appellants, Zsolt Petko and Zsuzsanna Adam, have filed a "Motion to Recuse and Transfer to a Different Appellate Court," complaining that this Court has refused to "reopen [their] case that was handled by a justice who reportedly was 'experiencing neurocognitive issues'" during a period in which their appeal was considered by this Court. Accordingly, appellants request that we transfer their case to a different court of appeals for consideration.

After our plenary power expires, this Court has no jurisdiction to take any action on a case unless expressly authorized by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 19.3(a)-(d). As appellants have been notified of on several occasions, this Court's plenary power over this appeal expired more than two years ago, on December 20, 2018, which is thirty days after the denial of appellants' motion for en banc reconsideration, and none of the permitted post-plenary power bases set forth in rule 19.3 apply to appellants' motion. See TEX. R. APP. P. 19.1(b), 19.3.

Absent plenary power, appellants' motion to recuse and transfer to a different appellate court must be dismissed for lack of jurisdiction. All other pending motions are dismissed as moot.

It is so ORDERED. Judge's signature: /s/ Amparo Guerra

[v] Acting individually [ ] Acting for the Court Date: March 9, 2021


Summaries of

Petko v. Carelton Courtyard

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 9, 2021
Appellate case number: 01-17-00918-CV (Tex. App. Mar. 9, 2021)
Case details for

Petko v. Carelton Courtyard

Case Details

Full title:Zsolt Petko and Zsuzsanna Adam v. Carelton Courtyard

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Mar 9, 2021

Citations

Appellate case number: 01-17-00918-CV (Tex. App. Mar. 9, 2021)