Demetrius T. Crockett v. Raul Garcia

• Court: Court of Appeals of Texas
• Decided: May 8, 2025
• Docket: 03-25-00195-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00195-CV

Demetrius T. Crockett, Appellant

v.

Raul Garcia, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-24-000388, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

MEMORANDUM OPINION

On March 17, 2025, Demetrius T. Crockett filed a notice of appeal, attempting to

appeal from the trial court’s order denying Crockett’s motion to recuse the Honorable Eric

Shepperd from all cases in which Crockett is a litigant. 1 Upon initial review, the Clerk of this

Court sent Crockett a letter informing him that this Court appears to lack jurisdiction over the

appeal because our jurisdiction is limited to appeals in which there exists a final or appealable

judgment or order that has been signed by a judge. See 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.”). The Clerk requested a response from Crockett on or before April 21, 2025,

explaining how this Court may exercise jurisdiction over his appeal, and informed him that

1 The motion was denied by Judge Daryl Coffey, presiding by assignment. his appeal may be dismissed for want of jurisdiction unless he timely responded and

demonstrated jurisdiction.

However, Crockett has not responded or provided any information that would

indicate appellate jurisdiction over his attempted appeal. Because “[a]n order denying a motion to

recuse may be reviewed only for abuse of discretion on appeal from the final judgment,” id., we

lack appellate jurisdiction over this interlocutory order. Therefore, we dismiss the appeal for want

of jurisdiction. See Tex. R. App. P. 42.3(a).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Justices Triana, Theofanis, and Crump

Dismissed for Want of Jurisdiction

Filed: May 8, 2025