Daniel Chavez v. Sandra Navarez

Becker v. State COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

DANIEL CHAVEZ, Appellant, v. SANDRA NAVAREZ, Appellee.	§ § § § § §	No. 08-07-00216-CV Appeal from 65th District Court of El Paso County, Texas (TC # 2006-724)

MEMORANDUM OPINION  

Daniel Chavez attempts to appeal from an order denying a motion to recuse the trial court judge. Finding that the interlocutory order is not appealable, we dismiss the appeal for want of jurisdiction.

Generally, a Texas appellate court has jurisdiction to hear appeals from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appellate court has jurisdiction to hear appeals from interlocutory orders and judgments only when specifically authorized by statute. Qwest Communications Corp. v. AT & T Corp., 24 S.W.3d 334, 336 (Tex. 2000). Texas Rule of Civil Procedure 18a(f) provides that if a motion to recuse is denied, the denial may be reviewed for abuse of discretion on appeal from the final judgment. Tex.R.Civ.P. 18a(f); In re Union Pacific Resources Co., 969 S.W.2d 427, 428 (Tex. 1998)(orig. proceeding). The record before us does not indicate that a final judgment has been entered in this cause. On July 25, 2007, the Court notified Appellant of its intent to dismiss the appeal unless Appellant could demonstrate that the Court has jurisdiction of the appeal. Appellant has not filed any response. Because Appellant has brought an interlocutory appeal of the denial of a motion to recuse, we conclude we do not have jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

October 11, 2007

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.