Marva Zachaire v. Rosemont Assisted Living, Community of Kingwood Ltd., Texas Best Staff Leasing, Inc./ D/B/A Alt-Source

• Court: Court of Appeals of Texas
• Decided: April 5, 2012
• Docket: 01-11-00233-CV
• Status: Published

Opinion

Opinion issued April 5, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00233-CV

____________

MARVA ZACHAIRE, Appellant

V.

ROSEMONT ASSISTED LIVING, COMMUNITY OF KINGWOOD LTD., TEXAS BEST STAFF LEASING, INC. D/B/A ALT-SOURCE, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2009-45507

MEMORANDUM OPINION

Appellant is attempting to appeal from the trial court’s denial of her pretrial motion to recuse the trial court judge.  Because we lack jurisdiction, we dismiss.

Generally, an appeal may be taken only from a final judgment or order. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  An order denying a motion to recuse may be reviewed only “on appeal from the final judgment.” Tex. R. Civ. P. 18a(f); see Hawkins v. Walker, 233 S.W.3d 380, 401 (Tex. App.—Fort Worth 2007, pet. denied).

On November 15, 2011, the Court notified the parties of its intent to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this court’s jurisdiction on or before November 29, 2011.  See Tex. R. App. P. 42.3(a).  Appellant has not responded.

Accordingly, we dismiss the appeal for want of jurisdiction. See  Tex. R. App. P. 42.3(a).  All pending motions are dismissed as moot.

We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See  Tex. R. App. P. 18.1. 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.