Diana Ingrid Reismann Sexton v. Gilbert Sexton

• Court: Court of Appeals of Texas
• Decided: May 11, 2023
• Docket: 14-23-00175-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 11, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00175-CV

DIANA INGRID REISMANN SEXTON, Appellant V. GILBERT SEXTON, Appellee

On Appeal from the 505th District Court Fort Bend County, Texas Trial Court Cause No. 19-DCV-264966

MEMORANDUM OPINION

This is an attempted appeal from an order denying a motion to recuse signed March 1, 2023. An order denying a motion to recuse may be reviewed on appeal from the final judgment. Tex. R. Civ. P. 18a(j)(1)(B). There is no final judgment in this matter.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. 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). There are no statutory provisions authorizing an interlocutory appeal from an order denying a motion to recuse a judge. See In re Hart, 460 S.W.3d 742, 743 (Tex. App.—Fort Worth 2015, no pet.).

On April 19, 2023, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before May 1, 2023. See Tex. R. App. P. 42.3(a). Appellant did not file a response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Jewell, Hassan, and Wilson.