in the Interest of K.W., a Child

• Court: Court of Appeals of Texas
• Decided: September 19, 2022
• Docket: 05-22-00698-CV
• Status: Published

Opinion

Order entered September 19, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00698-CV

IN THE INTEREST OF K.W., A CHILD

On Appeal from the 468th Judicial District Court Collin County, Texas Trial Court Cause No. 468-55854-2017

ORDER

Before the Court is appellant’s September 7, 2022 motion to remove three

attorneys as counsel for appellee. We DENY the motion.

In the notice of appeal, appellant states he is appealing the trial court’s July

13, 2022 order denying his motion to recuse Judge Lyndsey Wynne. An order

denying a motion to recuse may be reviewed only on appeal from the final

judgment. See TEX. R. CIV. P. 18a(j)(1)(A). According to the trial court’s website,

a final judgment has not been rendered. Thus, it appears we do not have

jurisdiction over this appeal. So that we can determine our jurisdiction over this appeal, appellant is

directed to file, on or before September 30, 2022, a letter brief addressing the

jurisdictional issue. Appellee may file a responsive letter brief within ten days of

appellant’s letter brief. We caution appellant that failure to file a letter brief within

the time specified may result in dismissal of the appeal without further notice. See

TEX. R. APP. P. 42.3(a), (c).

We SUSPEND the current deadline for the clerk’s and reporter’s records.

Should we determine we have jurisdiction over the appeal, we will set a new

deadline.

We DIRECT the Clerk of this Court to send a copy of this order to Lynne

Finley, Collin County District Clerk; Robin Benton, Official Court Reporter for the

468th Judicial District Court; and, all parties.

/s/ BILL PEDERSEN, III JUSTICE