In the Interest of C.E.S., a Child

Summary

The First Court of Appeals of Texas affirmed a trial court order modifying conservatorship of a child and naming Carolyn Pena sole managing conservator. The court held that Texas Civil Practice and Remedies Code section 30.016 permitted the trial court to proceed despite George E. Saldana’s tertiary recusal motion, that Saldana had adequate notice of trial, and that the trial court did not abuse its discretion in denying a new trial based on alleged unfairness arising from Saldana’s arrest and incarceration.

Holdings

1. The trial court had authority to proceed to final disposition despite Saldana's pending recusal motion because it was a tertiary recusal motion under Texas Civil Practice and Remedies Code section 30.016.
2. Saldana did not establish that the regional presiding judge abused her discretion by denying the recusal motion.
3. Saldana received adequate and timely notice of the November 2023 trial setting.
4. The trial court did not abuse its discretion in denying a new trial because the record did not show that Saldana's arrest, incarceration, or courtroom circumstances deprived him of a fair trial.

Questions Presented

1. Whether the trial court lacked authority to proceed with the modification trial while Saldana's recusal motion was pending before the regional presiding judge.
2. Whether Saldana received the reasonable notice required for the trial setting.
3. Whether the trial court abused its discretion in denying a new trial because Saldana's arrest, incarceration, and alleged intimidation by court bailiffs made the trial fundamentally unfair.

Disposition

affirmed