in Re: Antonio Sepeda ( 2003 )

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE:  ANTONIO SEPEDA,                     Relator.

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No. 08-02-00396-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION

Relator Antonio Sepeda seeks a writ of mandamus compelling the trial judge to act on a motion for recusal.  There is nothing in this record, however, to indicate that the trial judge has attempted to act on any pending matter before ruling on the recusal motion.  Cf. In re Rio Grande Valley Gas Co., 987 S.W.2d 167, 179-80 (Tex. App.--Corpus Christi 1999, orig. proceeding) (holding that once a recusal motion is filed, the judge is precluded from taking any further action in a case other than issuing an order of recusal or referral).  Therefore, the petition for a writ of mandamus is denied.

SUSAN LARSEN, Justice

January 30, 2003

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.