IN THE

TENTH COURT OF APPEALS

No. 10-98-086-CV

IN RE KEITH M. JENSEN

Original Proceeding

O P I N I O N

      Keith Jensen brings this mandamus action seeking to have orders of Judge Tommy Altaras of the Johnson County Court at Law No. 1 dissolved. He claims both a lack of jurisdiction and an abuse of discretion in the wrongful denial of a motion to recuse. Jensen also presented these issues in an interlocutory appeal (See Jensen v. Seay, No. 10-98-093-CV (Tex. App.—Waco 1998) (not designated for publication)). Because we determined in the interlocutory appeal that dominant jurisdiction now lies with the Tarrant County Family Court, we will not address that issue here. Likewise, because Judge Altaras has since voluntarily recused himself from the Johnson County proceeding, we will not consider whether his initial actions regarding the recusal motion were erroneous. The petition for writ of mandamus is denied.

                                                                                 BILL VANCE

                                                                                 Justice

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Petition denied

Opinion delivered and filed October 8, 1998

Do not publish