Jay Kennedy v. Angela M. Johnson

• Court: Court of Appeals of Texas
• Decided: February 5, 2009
• Docket: 14-08-00692-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 5, 2009

Dismissed and Memorandum Opinion filed February 5, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00692-CV

JAY KENNEDY, Appellant

V.

ANGELA M. JOHNSON, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 892382

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed July 15, 2008.  The clerk=s record was filed on December 19, 2008. 

Appellee has filed a motion to dismiss, claiming that we lack jurisdiction because the order appellant is appealing is a non-appealable order denying a motion to recuse.  Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).  An order denying a motion to recuse may be appealed as part of the appeal from the final judgment or, in some cases, the party may be entitled to mandamus relief.  See In re Union Pac. Resources Co., 969 S.W.2d 427, 428-29 (Tex. 1998). 

Appellant responded to the motion to dismiss by filing a motion to strike the motion to dismiss and a motion for sanctions.  Appellant contends appellee filed her motion while the case was abated.  Appellant=s response fails to demonstrate that this court has jurisdiction over the appeal.  We deny appellant=s motions to strike and for sanctions.

Appellee=s motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Guzman, and Sullivan.