Janata Montgomery v. Southern Methodist University

• Court: Court of Appeals of Texas
• Decided: April 30, 2020
• Docket: 05-20-00206-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 30, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00206-CV

JANATA MONTGOMERY, Appellant V. SOUTHERN METHODIST UNIVERSITY, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17588

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns

Appellant appeals from the February 13, 2020 order denying her 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 March 3, 2020, 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. As of today’s date, appellant has not responded.

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

200206F.P05

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

JANATA MONTGOMERY, On Appeal from the 162nd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-19-17588. No. 05-20-00206-CV V. Opinion delivered by Chief Justice Burns. Justices Whitehill and SOUTHERN METHODIST Molberg participating. UNIVERSITY, Appellee

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

It is ORDERED that appellee SOUTHERN METHODIST UNIVERSITY recover its costs of this appeal from appellant JANATA MONTGOMERY.

Judgment entered April 30, 2020

–3–