Kennedy v. Johnson, No. 14-08-00692-CV, (Tex. App. -Houston, Feb. 5, 2009, pet. denied)
(no interlocutory appeal from order denying motion to recuse the judge) (finality of order for purposes
of appeal)
09-0261
JAY KENNEDY v. ANGELA M. JOHNSON; from Harris County; 14th district (14-08-00692-CV, ___ SW3d
___, 02-05-09)
An order denying a motion to recuse may be appealed as part of the appeal from
the final judgment or, in some cases, the party may be entitled to mandamus relief.
http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85348
http://www.14thcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=85348
Dismissed and Memorandum Opinion filed February 5, 2009.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-00692-CV
____________
JAY KENNEDY, Appellant
V.
ANGELA M. JOHNSON, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 892382
M E M O R A N D U M O P I N I O N
This is an attempted appeal from an order signed July 15, 2008. The clerk's record was filed
on December 19, 2008.
Appellee has filed a motion to dismiss, claiming that we lack jurisdiction because the order
appellant is appealing is a non-appealable order denying a motion to recuse. Generally,
appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total
Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps,
842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). An order denying a motion to recuse
may be appealed as part of the appeal from the final judgment or, in some cases, the party
may be entitled to mandamus relief. See In re Union Pac. Resources Co., 969 S.W.2d 427,
428-29 (Tex. 1998).
Appellant responded to the motion to dismiss by filing a motion to strike the motion to dismiss
and a motion for sanctions. Appellant contends appellee filed her motion while the case was
abated. Appellant's response fails to demonstrate that this court has jurisdiction over the
appeal. We deny appellant's motions to strike and for sanctions.
Appellee's motion is granted.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Yates, Guzman, and Sullivan.