in Re George Jefferson Hatcher

• Court: Court of Appeals of Texas
• Decided: January 13, 2015
• Docket: 09-15-00015-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00015-CV _________________

IN RE GEORGE JEFFERSON HATCHER

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

In a petition for writ of mandamus filed on January 12, 2015, George

Jefferson Hatcher asks this Court to order the recusal judge to vacate her order of

December 18, 2014, which denied Hatcher’s second recusal motion in trial court

Case No. 14-04-04629 CV, and hold an oral hearing on the motion to recuse. See

Tex. R. Civ. P. 18a (g)(6). Hatcher filed the mandamus petition on the day his trial

is scheduled to begin in the 435th District Court of Montgomery County, Texas.

He argues that appeal will not be an adequate remedy because he has not had an

opportunity to develop a record on his recusal motion.

1 “An order denying a motion to recuse may be reviewed only for abuse of

discretion on appeal from the final judgment.” Tex. R. Civ. P. 18a (j)(1)(A). On

appeal, a judgment may be reversed if the trial court made an error of law that

probably prevented the appellant from properly presenting the case to the court of

appeals. See Tex. R. App. P. 44.1(a)(2). The petition for writ of mandamus is

denied.

PETITION DENIED.

PER CURIAM

Submitted on January 12, 2015 Opinion Delivered January 12, 2015

Before McKeithen, C.J., Kreger and Johnson, JJ.