Summary
The Texas Court of Appeals for the Second District dismissed Sheik Tehuti’s appeal for want of jurisdiction. The court concluded that the challenged interlocutory transfer orders were not appealable and that the appeal was moot to the extent it sought transfer of the underlying case.
Holdings
- The court lacked appellate jurisdiction because the denied transfer orders were not appealable interlocutory orders or a final judgment.
- The appeal was moot to the extent appellant sought transfer of his case to a different court and judge because the case had already been transferred.
- An order denying a motion to recuse or a motion to disqualify is not an appealable interlocutory order under the circumstances presented.
Questions Presented
- Whether the appeal could be maintained when the challenged transfer orders were not appealable interlocutory orders and no final judgment had been entered.
- Whether the appeal was moot to the extent appellant sought transfer of the case to a different court and judge.
- Whether an order denying a motion to recuse or disqualify is an appealable interlocutory order.
Disposition
dismissed
Cases Cited (5)
- Heckman v. Williamson Cty., 369 S.W.3d 137, 166–67 (Tex. 2012)(followed)
- Gen. Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 570–72 (Tex. 1990)(followed)
- Hawkins v. Walker, 233 S.W.3d 380, 401 (Tex. App.—Fort Worth 2007, pet. denied)(followed)
- Vega v. Lira, No. 01-16-00369-CV, 2016 WL 4253696, at *2 (Tex. App.—Houston [1st Dist.] Aug. 11, 2016, no pet.) (mem. op.)(followed)
- Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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