In the Interest of I. N. A. M., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 27, 2023
• Docket: 08-23-00062-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN THE INTEREST OF I. N. A.M., § No. 08-23-00062-CV

A CHILD § Appeal from the

§ 65th Judicial District Court

§ of El Paso County, Texas

§ (TC# 2022DCM0109)

MEMORANDUM OPINION

Appellant, Mya Nailah McClellan, proceeding pro se, attempts to appeal from an order

denying her motion to recuse the trial judge (the Order). See generally, TEX. R. CIV. P. 18a, 18b.

On February 13, 2023, acting presiding judge of the 65th Judicial District Court in El Paso County,

Judge Susan Larson, heard Appellant’s motion to recuse Judge Yahara L. Gutierrez and denied the

same by signed order February 15, 2023. Appellant filed her notice of appeal on February 21,

2023.

On the same day, this Court notified Appellant of our concern that we lack jurisdiction

over this appeal because the Order did not appear to be a final judgment or an appealable

interlocutory order. See TEX. R. APP. P. 42.3(a). On February 22, 2023, Appellant responded,

asserting that the Order was an appealable order pursuant to Rule 16.3 of the Rules of Appellate Procedure. See TEX. R. APP. P. 16.3(c) (pertaining to disqualification or recusal of appellate

judges: “An order of recusal is not reviewable, but the denial of a recusal motion is reviewable.”)

(emphasis added).

Generally, an appeal from an order may be taken only from a final judgment or order unless

an interlocutory appeal is authorized by statute. Industrial Specialists, L.L.C. v. Blanchard

Refining Company, L.L.C., 652 S.W.3d 11, 13-14 (Tex. 2022); TEX. CIV. PRAC. & REM. CODE

ANN. § 51.014 (authorizing appeals from certain interlocutory orders). An order denying a motion

to recuse is reviewed “for abuse of discretion on appeal from the final judgment.” TEX. R. CIV. P.

18.a(j)(1)(A). Here, the Order is neither on appeal from a final judgment nor an appeal otherwise

authorized by statute. Accordingly, we dismiss this appeal for lack of jurisdiction and deny all

pending motions as moot. TEX. R. APP. P. 42.3(a), 43.2(f).

LISA J. SOTO, Justice

February 27, 2023

Before Rodriguez, C.J., Palafox, and Soto, J.J.