Allen "F" Calton v. Steve Schiller

• Court: Court of Appeals of Texas
• Decided: September 3, 2015
• Docket: 06-15-00062-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-15-00264-CV

ALLEN "F" CALTON APPELLANT

V.

STEVE SCHILLER, SHARON APPELLEES KELLER, TERRIE LIVINGSTON, ROBERT GILL, JOHN CAYCE, AND LOUIS STURNS

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FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 153-270690-14

ORDER

Appellant is attempting to appeal from several orders in a case in which he

named the Chief Justice of this court, in her official capacity, as a defendant.

Accordingly, the following six justices recuse themselves from participating in this

appeal: Chief Justice Terrie Livingston, Justice Lee Ann Dauphinot, Justice Anne

Gardner, Justice Sue Walker, Justice Bill Meier, and Justice Lee Gabriel. Justice

Bonnie Sudderth does not recuse herself from participating in this appeal. See

Tex. R. App. P. 16.2; Tex. R. Civ. P. 18b(b). Because there is now an insufficient number of justices available to

constitute a panel of the court to hear this appeal, this court requests the Chief

Justice of the Supreme Court of Texas to transfer this appeal to another court of

appeals for good cause for that court to file and decide this appeal. See Tex.

Gov’t Code Ann. § 73.001 (Vernon 2013); Miles v. Ford Motor Co., 914 S.W.2d

135, 137 (Tex. 1995).

A copy of this order shall be transmitted to appellant, the Texas Supreme

Court, all attorneys of record, the trial court judge, the trial court clerk, and the

court reporter.

DATED September 3, 2015.

Voluntarily Recused Justices Justice Not Voluntarily Recusing

/s/ Terrie Livingston /s/ Bonnie Sudderth TERRIE LIVINGSTON BONNIE SUDDERTH CHIEF JUSTICE JUSTICE

/s/ Lee Ann Dauphinot LEE ANN DAUPHINOT JUSTICE

/s/ Anne Gardner ANNE GARDNER JUSTICE

/s/ Sue Walker SUE WALKER JUSTICE

/s/ Bill Meier BILL MEIER JUSTICE

/s/ Lee Gabriel LEE GABRIEL JUSTICE