in Re: Michael Easton

• Court: Court of Appeals of Texas
• Decided: August 10, 2006
• Docket: 14-06-00674-CV
• Status: Published

Opinion

Dissenting Opinion of August 10, 2006, Withdrawn and Corrected Dissenting Opinion filed August 10, 2006

Dissenting Opinion of August 10, 2006, Withdrawn and Corrected Dissenting Opinion filed August 10, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00674-CV

IN RE MICHAEL EASTON, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

C O R R E C T E D   D I S S E N T I N G   O P I N I O N

I withdraw my dissenting opinion of August 10, 2006 and issue this corrected opinion.

Consistent with our original and supplemental opinions in In re Whatley, 2006 WL 1490161 (Tex. App.CHouston [14th Dist.] 2006, orig. proceeding), Judge Wood was required to recuse himself or request assignment of another judge in the case prior to taking any Afurther action in the case.@  See Tex. R. Civ. P. 18a(d).  The order which is the subject of Judge Wood=s show cause proceeding was entered on February 7, 2006, during the pendency of the September 9, 2005, motion to recuse.  The majority has drawn a fine line by implicitly concluding that Judge Wood was not taking Afurther action in the case@ when he signed the February 7, 2006 order.

I agree with the majority that Judge Wood has the power, inherent in his office, to deal with persons who disobey lawful orders.  However, upon issuance of our original and supplemental opinions, the order sought to be enforced was rendered void.  Accordingly, I respectfully dissent.

/s/ Charles Seymore

Justice

Corrected Dissenting Opinion filed August 10, 2006.

Panel consists of Justices Hudson, Frost, and Seymore. (Hudson, J. majority.)