in the Interest of G.A.M. Jr. and E.F.M. ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00162-CV
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IN THE INTEREST OF G.A.M. JR. AND E.F.M.
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On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 10-06-06026-CV
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MEMORANDUM OPINION
Appellant M.L.M., the mother of the minor children G.A.M. Jr. and E.F.M.,
filed a notice of appeal from the trial court’s order denying her motion to recuse. On
May 31, 2019, we questioned our jurisdiction and requested that the parties file a
written reply by Monday, June 17, 2019. We received no response.
Courts of Appeals do not have jurisdiction to review interlocutory orders
unless they have jurisdiction based on a statute. Bally Total Fitness Corp. v. Jackson,
53 S.W.3d 352, 352 (Tex. 2001); see, e.g., Tex. Civ. Prac. & Rem. Code Ann. §
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51.014 (West Supp. 2018). “No statute permits an interlocutory appeal of the denial
of a motion to recuse.” Zachaire v. Petefield, No. 14-11-00254-CV, 2011 WL
2150645, at *1 (Tex. App.—Houston [14th Dist.] June 2, 2011, no pet.) (mem. op.).
Orders denying recusals are appealable only after the trial court has issued a final
judgment. In re Union Pac. Res. Co., 969 S.W.2d 427, 428 (Tex. 1998); In re
Norman, 191 S.W.3d 858, 860 (Tex. App.—Houston [14th Dist.] 2006, orig.
proceeding); see also Tex. R. Civ. P. 18a(j)(1)(A); Tex. R. App. P. 16.3(c). Because
a final judgment has not been entered, we dismiss the appeal for lack of jurisdiction.
See Zachaire, 2011 WL 2150645, at *1; In re Norman, 191 S.W.3d at 860.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on July 10, 2019
Opinion Delivered July 11, 2019
Before McKeithen, C.J., Horton and Johnson, JJ.
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