in the Interest of K.W., a Child ( 2022 )

DISMISS and Opinion Filed November 7, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00698-CV
IN THE INTEREST OF K.W., A CHILD
On Appeal from the 468th Judicial District Court
Collin County, Texas
Trial Court Cause No. 468-55854-2017
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
Opinion by Chief Justice Burns
Appellant appeals from the July 13, 2022 order denying his motion to recuse
the presiding judge. The record before this Court does not contain a final judgment.
The Court questioned its jurisdiction to review the recusal order and directed
appellant to file, by September 30, a letter brief addressing the Court’s concern. We
cautioned appellant that failure to comply may result in dismissal of the appeal
without further notice. After granting appellant an extension to October 12,
appellant has failed to comply.
With respect to an order denying a motion to recuse, this Court's appellate
jurisdiction is limited to review from the final judgment. TEX. R. CIV. P. 18a(j)(1)(A)
(“An order denying a motion to recuse may be reviewed only for abuse of discretion
on appeal from the final judgment.”). Because the trial court has not rendered a final
judgment, this Court lacks jurisdiction to review the recusal order. See id.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220698F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF K.W., A On Appeal from the 468th Judicial
CHILD District Court, Collin County, Texas
Trial Court Cause No. 468-55854-
No. 05-22-00698-CV 2017.
Opinion delivered by Chief Justice
Burns. Justices Pedersen, III and
Goldstein participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered November 7, 2022
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