Court of Civil Appeals of Texas, 2019

in the Guardianship of James E. Fairley

in the Guardianship of James E. Fairley
Court of Civil Appeals of Texas · Decided May 21, 2019

in the Guardianship of James E. Fairley

Opinion

Fourth Court of Appeals San Antonio, Texas May 21, 2019 No. 04-19-00196-CV IN THE GUARDIANSHIP OF JAMES E. FAIRLEY, From the Probate Court No 2, Bexar County, Texas Trial Court No. 2011-PC-1068 Honorable Polly Jackson Spencer, Judge Presiding

ORDER Sitting: Sandee Bryan Marion, Chief Justice (not participating) Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

On May 6, 2019, Appellant Juliette Fairley filed her appellant’s brief. In her brief, appellant explains that Chief Justice Marion, when she was a probate court judge, signed an administrative order that is at issue in this appeal. Appellant moves for Chief Justice Marion and the entire Fourth Court of Appeals to recuse from this appeal. Chief Justice Marion has voluntarily recused herself from this appeal. Thus, the recusal motion with respect to Chief Justice Marion is moot.

Each of the remaining justices have declined to recuse themselves and, in accordance with Texas Rule of Appellate Procedure 16.3(b), have certified the matter of their respective recusal to the other remaining justices. See TEX. R. APP. P. 16.3(b). Without voting on their own recusal, the remaining justices sitting en banc DENY appellant’s motion to recuse all members of the Fourth Court besides Chief Justice Marion.

It is so ORDERED on this 21st day of May, 2019.

PER CURIAM

ATTESTED TO: _____________________________ KEITH E. HOTTLE, Clerk of Court

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