In The Interest Of K.W., A Child Appeal from 468th Judicial District Court of Collin County (memorandum opinion)

 Annotate this Case
Download PDF
DISMISS and Opinion Filed November 7, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00698-CV IN THE INTEREST OF K.W., A CHILD On Appeal from the 468th Judicial District Court Collin County, Texas Trial Court Cause No. 468-55854-2017 MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns Appellant appeals from the July 13, 2022 order denying his motion to recuse the presiding judge. The record before this Court does not contain a final judgment. The Court questioned its jurisdiction to review the recusal order and directed appellant to file, by September 30, a letter brief addressing the Court’s concern. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice. After granting appellant an extension to October 12, appellant has failed to comply. With respect to an order denying a motion to recuse, this Court's appellate jurisdiction is limited to review from the final judgment. TEX. R. CIV. P. 18a(j)(1)(A) (“An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment.”). Because the trial court has not rendered a final judgment, this Court lacks jurisdiction to review the recusal order. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220698F.P05 –2– See id. S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE INTEREST OF K.W., A CHILD On Appeal from the 468th Judicial District Court, Collin County, Texas Trial Court Cause No. 468-558542017. Opinion delivered by Chief Justice Burns. Justices Pedersen, III and Goldstein participating. No. 05-22-00698-CV In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered November 7, 2022 –3–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.