Marva Zachaire v. Sharon M Petefield and Minerva a Ledwith

• Court: Court of Appeals of Texas
• Decided: June 2, 2011
• Docket: 14-11-00254-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 2, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00254-CV

MARVA ZACHAIRE, Appellant

V.

SHARON M. PETEFIELD AND MINERVA LEDWITH, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2010-16868

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 February 23, 2011.  Appellant attempts to appeal an 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).  Denial of a motion to recuse is appealable upon final judgment.  Tex. R. Civ. P. 18a(f).  No statute permits an interlocutory appeal of the denial of a motion to recuse.

On April 14, 2011, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless, on or before April 25, 2011, appellant filed a response demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).  On April 28, 2011, this court granted appellant additional time in which to file a response until May 13, 2011.  Appellant filed no response.

The appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.