Sie Joe Lann v. June Gebert ( 2010 )

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MEMORANDUM OPINION
No. 04-09-00657-CV
Sie Joe LANN,
Appellant
v.
June GEBERT,
Appellee
From the 81st Judicial District Court, La Salle County, Texas
Trial Court No. 02-04-00028-CVL
Honorable Fred Shannon, Judge Presiding1
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 14, 2010
AFFIRMED
Sie Joe Lann appeals from an order denying his motion to recuse Judge Donna Rayes from
presiding over his suit against June Gebert. The order was signed by Judge Fred Shannon, and Lann
alleges Judge Shannon abused his discretion in failing to remove Judge Rayes on the grounds of
partiality and bias. Because the issues in this appeal involve the application of well-settled principles
of law, we affirm the trial court’s judgment in this memorandum opinion.
1
… Sitting by assignment.
04-09-00657-CV
In this case, the record is devoid of any evidence about the recusal issue. Lann’s bare
assertions that Judge Rayes was biased and lacked impartiality are insufficient to demonstrate an
abuse of discretion by Judge Shannon. See In re Robinson, No. 12-00-00354-CV, 2002 WL 335281,
*6 (Tex. App.—Tyler 2002, no pet.) (not designated for publication) (noting, inter alia, trial court
did not abuse its discretion by denying appellant’s motion to recuse because appellant’s general
allegations of bias were not supported by the record). Because Lann’s assertions are not supported
by any facts in the record, we cannot conclude Judge Shannon abused his discretion by denying
Lann’s motion to recuse.
The judgment of the trial court is therefore affirmed.
Catherine Stone, Chief Justice
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