Dov Avni Kaminetzky v. Harris County Appraisal District ( 2016 )


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  • Motion Denied and Order filed October 27, 2016
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-14-00665-CV
    ____________
    DOV AVNI KAMINETZKY, Appellant
    V.
    HARRIS COUNTY APPRAISAL DISTRICT, Appellee
    On Appeal from the 234th District Court
    Harris County, Texas
    Trial Court Cause No. 2013-12988
    ORDER
    This appeal was dismissed for lack of prosecution on June 21, 2016. The panel
    comprised Justices William J. Boyce, Tracy Christopher, and Martha Hill Jamison.
    No motion for rehearing was filed. On August 22, 2016, appellant filed a motion to
    recuse Justice Christopher from the panel.
    Rule 16 of the Texas Rules of Appellate Procedure states that the grounds for
    recusal are the “same as those provided in the Rules of Civil Procedure.” Tex. R.
    App. P. 16.2. Rule 18b(2) of the Texas Rules of Civil Procedure identifies the
    grounds for recusal. Tex. R. Civ. P. 18b(2); McCullough v. Kitzman, 
    50 S.W.3d 87
    ,
    88 (Tex. App.—Waco 2001, pet. denied) (order). It provides, among other matters
    that a judge shall recuse himself or herself in a proceeding in which the judge’s
    impartiality might reasonably be questioned or he has a personal bias or prejudice
    concerning a party. Tex. R. Civ. P. 18b(2)(a), (b).
    Rule 16.3 of the Texas Rules of Appellate Procedure prescribes the procedure
    to be followed for recusal of an appellate justice or judge:
    Before any further proceeding in the case, the challenged justice or
    judge must either remove himself or herself from all participation in the
    case or certify the matter to the entire court, which will decide the
    motion by a majority of the remaining judges sitting en banc. The
    challenged justice or judge must not sit with the remainder of the court
    to consider the motion as to him or her.
    Tex. R. App. P. 16.3(b).
    Pursuant to the procedure set forth in rule 16.3(b), upon the filing of the
    motion to recuse and prior to any further proceedings in this appeal, Justice Tracy
    Christopher found no reason to recuse herself and certified the matter to the
    remaining members of the court en banc. See 
    id. The justices,
    except for Justice
    Christopher, then deliberated and denied the motion to recuse. Each justice found no
    basis for recusal. Accordingly, the motion to recuse is DENIED.
    On August 22, 2016, appellant also filed motion to extend the time for him to
    file a motion for rehearing. By ruling of the panel, that motion is DENIED.
    PER CURIAM
    En Banc (Christopher, J. not participating).
    Do Not Publish.
    2
    

Document Info

Docket Number: 14-14-00665-CV

Filed Date: 10/27/2016

Precedential Status: Precedential

Modified Date: 10/31/2016