Lynn Owens, Individually, et al. v. W.A. Poe--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-95-060-CV

LYNN OWENS, INDIVIDUALLY, ET AL.

Appellants

v.

W.A. POE,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 93-00-03805-CV

MEMORANDUM OPINION

Lynn Owens attempts to appeal from an order denying his motion to recuse the presiding judge of the 13th District Court. See Tex. R. Civ. P. 18a(a). After Owens filed a "Verified Demand for Recusal Notice and Caveat," the court referred the request to the Presiding Judge for the Third Administrative Judicial Region, who designated a judge to hear the motion. See id. 18(d). The designated judge denied the motion on February 17, 1995. Owens filed a cost bond and a notice of appeal specifically stating that he wished to appeal from the order denying the motion to recuse.

An order denying a motion to recuse is interlocutory. See Means v. State, 825 S.W.2d 260, 260 (Tex. App. Houston [1st Dist.] 1992, no pet.). The Rules of Civil Procedure specifically provide that, "[i]f the motion is denied, it may be reviewed for abuse of discretion on appeal from the final judgment." Tex. R. Civ. P. 18a(f) (emphasis added). We do not have jurisdiction over interlocutory orders except for certain enumerated exceptions that do not include a motion to recuse. See Tex. Civ. Prac. & Rem. Code Ann. 51.012, 51.014 (Vernon 1986 & Supp. 1995).

We notified the parties of this defect by a letter from our clerk dated April 4, 1995, allowing ten days for either party to respond showing grounds for continuing the appeal. See Tex. R. App. P. 60(a)(2), 83. By an unsigned motion filed April 14, Owens requests ten additional days in which to respond. He has not shown why he needs the additional time or how the additional time will aid him in avoiding the plain language of the statute. See Tex. R. Civ. P. 18a(f). His request for more time is denied.

Therefore, we dismiss this appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed April 19, 1995

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