in Re: the Estate of Alyssa Renee Rodriguez ( 2007 )

NUMBER 13-07-211-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE THE ESTATE OF ALYSSA RENEE RODRIGUEZ

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On Petition for Writ of Mandamus ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Per Curiam Memorandum Opinion ⁽¹⁾

Relator, the Estate of Alyssa Renee Rodriguez, filed a petition for writ of mandamus in the above cause on April 2, 2007, complaining that the Honorable Judge J. Manuel Banales, the Presiding Judge of the Fifth Administrative Judicial Region, abused his discretion in granting a motion to recuse the trial court judge, the Honorable Daniel T. Robles.

In most cases, an appeal is an adequate remedy to challenge an erroneous ruling on a motion to recuse. In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998). Rule 18a(f) of the rules of civil procedure specifically provides that if a motion to recuse is denied following a hearing, it is reviewable on appeal from the final judgment. See Tex. R. Civ. P. 18a(f). In contrast, however, if the motion to recuse is granted, the order of recusal is not reviewable. See id.; In re Lutz, 164 S.W.3d 721, 723-724 (Tex. App.-El Paso 2005, orig. proceeding); Dist. Judges of Collin County v. Comm'rs Court of Collin County, 677 S.W.2d 743, 745 (Tex. App.-Dallas 1984, writ ref'd n.r.e.).

The Court, having examined and fully considered the petition for writ of mandamus and response thereto is of the opinion that relator has not shown itself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).   

PER CURIAM

Memorandum Opinion delivered and filed

this 10th day of April, 2007.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).