Court of Civil Appeals of Texas, 2007

Daniel Chavez v. Sandra Navarez

Daniel Chavez v. Sandra Navarez
Court of Civil Appeals of Texas · Decided October 11, 2007

Daniel Chavez v. Sandra Navarez

Opinion

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS




DANIEL CHAVEZ,

Appellant,



v.



SANDRA NAVAREZ,



Appellee.

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No. 08-07-00216-CV


Appeal from

65th District Court



of El Paso County, Texas



(TC # 2006-724)

MEMORANDUM OPINION



Daniel Chavez attempts to appeal from an order denying a motion to recuse the trial court judge. Finding that the interlocutory order is not appealable, we dismiss the appeal for want of jurisdiction.

Generally, a Texas appellate court has jurisdiction to hear appeals from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appellate court has jurisdiction to hear appeals from interlocutory orders and judgments only when specifically authorized by statute. Qwest Communications Corp. v. AT & T Corp., 24 S.W.3d 334, 336 (Tex. 2000). Texas Rule of Civil Procedure 18a(f) provides that if a motion to recuse is denied, the denial may be reviewed for abuse of discretion on appeal from the final judgment. Tex.R.Civ.P. 18a(f); In re Union Pacific Resources Co., 969 S.W.2d 427, 428 (Tex. 1998)(orig. proceeding). The record before us does not indicate that a final judgment has been entered in this cause. On July 25, 2007, the Court notified Appellant of its intent to dismiss the appeal unless Appellant could demonstrate that the Court has jurisdiction of the appeal. Appellant has not filed any response. Because Appellant has brought an interlocutory appeal of the denial of a motion to recuse, we conclude we do not have jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.



October 11, 2007

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Carr, JJ.

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