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Rogers v. Miller

State of Texas in the Fourteenth Court of Appeals
May 7, 2020
NO. 14-20-00194-CV (Tex. App. May. 7, 2020)

Opinion

NO. 14-20-00194-CV

05-07-2020

JOE Y. ROGERS, III, Appellant v. SANDRA ROGERS MILLER, AS INDEPENDENT ADMINISTRATOR WITH WILL ANNEXED OF THE ESTATE OF JOE Y. ROGERS, JR., Appellee


On Appeal from the County Court at Law #4 Williamson County, Texas
Trial Court Cause No. 17-0461-CP4A

MEMORANDUM OPINION

This is an attempted appeal from an order signed January 17, 2020 denying appellant's motion to recuse the trial judge. An order denying a motion to recuse may be reviewed on appeal from the final judgment. Tex. R. Civ. P. 18a(j)(1)(B). It appears a final judgment has not been signed in the underlying case.

Generally, appeals may be taken only from final judgments. Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). There are no statutory provisions authorizing an interlocutory appeal from an order denying a motion to recuse a judge.

On March 27, 2020, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed, by April 13, 2020, a response demonstrating grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). No response was filed.

The appeal is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Justices Christopher, Wise, and Zimmerer.


Summaries of

Rogers v. Miller

State of Texas in the Fourteenth Court of Appeals
May 7, 2020
NO. 14-20-00194-CV (Tex. App. May. 7, 2020)
Case details for

Rogers v. Miller

Case Details

Full title:JOE Y. ROGERS, III, Appellant v. SANDRA ROGERS MILLER, AS INDEPENDENT…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 7, 2020

Citations

NO. 14-20-00194-CV (Tex. App. May. 7, 2020)