in Re: Larry Blake Washington ( 2022 )

DENY and Opinion Filed October 25, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01087-CV
IN RE LARRY BLAKE WASHINGTON, Relator
Original Proceeding from the 468th Judicial District Court
Collin County, Texas
Trial Court Cause No. 468-55854-2017
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith
Opinion by Chief Justice Burns
Relator is a pro se father who is a party to a custody dispute, and he has filed
this mandamus action to challenge the denial of a hearing on his motion to recuse.
Entitlement to mandamus relief requires a relator to show that the trial court
clearly abused its discretion and that he lacks an adequate remedy by appeal. In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
“An order denying a motion to recuse may be reviewed only for abuse of discretion
on appeal from the final judgment.” TEX. R. CIV. P. 18a(j)(1)(A). Thus, “mandamus
is not available for the denial of a motion to recuse.” In re McKee, 248 S.W.3d 164,
165 (Tex. 2007) (orig. proceeding). This is because the denial “is reviewable on
appeal from the final judgment.” In re Smale, No. 05-17-01466-CV, 2018 WL
360050, at *1 (Tex. App.—Dallas Jan. 11, 2018, orig. proceeding) (mem. op.)
(citing, inter alia, TEX. R. CIV. P. 18a(j)(1)(A)) (concluding there was an adequate
remedy by appeal for complaint in the recusal context concerning a judge’s “removal
of the October 3, 2017 hearing from the docket”).
This original proceeding arises from the denial order because relator’s
complaint concerns a procedural safeguard (a hearing) that relator maintains was
meant to be in place for that order. Relator therefore has an adequate remedy by
appealing the final judgment. Accordingly, we deny his petition.
We also strike the petition and supporting appendix due to relator’s failure to
redact sensitive information from the appendix. See TEX. R. APP. P. 9.9. Finally,
we deny relator’s motion to stay as moot.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
221087F.P05
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