Lauren Ashley Alleman v. Daryl James Baugh, John Michael Baugh, and Deborah Eileen Baugh

• Court: Court of Appeals of Texas
• Decided: December 8, 2023
• Docket: 03-23-00651-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00651-CV

Lauren Ashley Alleman, Appellant

v.

Daryl James Baugh, John Michael Baugh, and Deborah Eileen Baugh, Appellees

FROM THE 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY NO. 19-1737-F425, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

MEMORANDUM OPINION

Lauren Ashley Alleman attempts to appeal from the regional presiding judge’s

“Order Denying Motion to Recuse Judge.” On November 16, 2023, the Clerk of this Court

informed Alleman that this Court appears to lack jurisdiction because there is no final judgment

or appealable interlocutory order. The Clerk requested that Alleman file a response by

November 27, 2023, explaining how this Court may exercise jurisdiction over this matter. More

than ten days have passed, and Alleman has not filed a response.

This Court has jurisdiction over appeals from final judgments and from certain

interlocutory orders made appealable by statute. Scripps NP Operating, LLC v. Carter,

573 S.W.3d 781, 788 (Tex. 2019). Alleman seeks to appeal from an order of the regional

presiding judge denying her motion to recuse the trial judge in the underlying case. See Tex. R.

Civ. P. 18a(f)(1) (directing trial judge to either grant litigant’s motion to recuse or refer motion to

regional presiding judge for ruling). An order denying a recusal motion “may be reviewed only for abuse of discretion on appeal from the final judgment.” Id. 18a(j)(1)(A). The record does

not include a final judgment. Absent a final judgment or other statutory authorization for this

appeal, we lack jurisdiction over this appeal. See Scripps, 573 S.W.3d at 788; In re Commitment

of Dunsmore, No. 01-22-00690-CV, 2023 WL 2375937, at *1 (Tex. App.—Houston [1st Dist.]

Mar. 7, 2023, no pet.) (mem. op.) (dismissing appeal of order denying motion to recuse for want

of jurisdiction where there was no final judgment).

We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Chief Justice Byrne, Justices Kelly and Theofanis

Dismissed for Want of Jurisdiction

Filed: December 8, 2023