in the Interest of K.W., a Child

Opinion

DISMISS and Opinion Filed November 7, 2022

S 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

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns Appellant appeals from the July 13, 2022 order denying his motion to recuse

the presiding judge. The record before this Court does not contain a final judgment.

The Court questioned its jurisdiction to review the recusal order and directed

appellant to file, by September 30, a letter brief addressing the Court’s concern. We

cautioned appellant that failure to comply may result in dismissal of the appeal

without further notice. After granting appellant an extension to October 12,

appellant has failed to comply.

With respect to an order denying a motion to recuse, this Court's appellate

jurisdiction is limited to review from the final judgment. TEX. R. CIV. P. 18a(j)(1)(A)

(“An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment.”). Because the trial court has not rendered a final

judgment, this Court lacks jurisdiction to review the recusal order. See id.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220698F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF K.W., A On Appeal from the 468th Judicial CHILD District Court, Collin County, Texas Trial Court Cause No. 468-55854- No. 05-22-00698-CV 2017. Opinion delivered by Chief Justice Burns. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered November 7, 2022

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