in the Interest of C.R., a Child ( 2022 )


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  •              In the
    Court of Appeals
    Second Appellate District of Texas
    at Fort Worth
    ___________________________
    No. 02-21-00378-CV
    ___________________________
    IN THE INTEREST OF C.R., A CHILD
    On Appeal from the 325th District Court
    Tarrant County, Texas
    Trial Court No. 325-704950-21
    Before Kerr, Birdwell, and Bassel, JJ.
    Memorandum Opinion by Justice Kerr
    MEMORANDUM OPINION
    Appellant S.R., proceeding pro se, attempts to appeal from an “Order Denying
    Request for Recusal” signed by the presiding judge of the Eighth Administrative
    Judicial Region. See generally Tex. R. Civ. P. 18a, 18b(b). We notified S.R. of our
    concern that we lack jurisdiction over this appeal because the “Order Denying
    Request for Recusal” did not appear to be a final judgment or appealable interlocutory
    order. We informed her that unless she or any party desiring to continue the appeal
    filed a response within ten days showing grounds for continuing the appeal, we would
    dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Ten days have
    passed, and we have received no response.
    “An order denying a motion to recuse may be reviewed only for an abuse of
    discretion on appeal from the final judgment.” Tex. R. Civ. P. 18a(j)(1)(A) (emphasis
    added). The trial-court clerk has informed us that there is no final judgment in this
    case. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
    42.3(a), 43.2(f); Tex. R. Civ. P. 18a(j)(1)(A); Thayer v. Thayer, Nos. 02-14-00025-CV, 02-
    14-00026-CV, 
    2014 WL 982433
    , at *1 (Tex. App.—Fort Worth Mar. 13, 2014, no
    pet.) (per curiam) (mem. op.) (explaining that an order denying a recusal motion is not
    an appealable interlocutory order and may be reviewed only “on appeal from the final
    judgment” (quoting Tex. R. Civ. P. 18a(j)(1)(A))).
    2
    /s/ Elizabeth Kerr
    Elizabeth Kerr
    Justice
    Delivered: April 21, 2022
    3
    

Document Info

Docket Number: 02-21-00378-CV

Filed Date: 4/21/2022

Precedential Status: Precedential

Modified Date: 4/25/2022