Court of Civil Appeals of Texas, 2025

Curtis Lilly v. Kimberly Thompson Lilly

Curtis Lilly v. Kimberly Thompson Lilly
Court of Civil Appeals of Texas · Decided January 16, 2025

Curtis Lilly v. Kimberly Thompson Lilly

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00552-CV ___________________________ IN THE MATTER OF THE MARRIAGE OF CURTIS LILLY AND KIMBERLY THOMPSON LILLY

On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360-739562-23

Before Birdwell, Bassel, and Womack, JJ.

Memorandum Opinion by Justice Birdwell MEMORANDUM OPINION Appellant Curtis Lilly attempts to appeal the denial of his motion to recuse the trial judge. Acting Presiding Judge of the Eighth Administrative Judicial Region of Texas, Judge David Evans, summarily denied Appellant’s motion without a hearing.

Appellant then filed “Petitioner’s Notice of Accelerated Appeal.”

Generally, appeals may be taken only from final judgments or from interlocutory orders authorized by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195, 200 (Tex. 2001). An order denying a motion to recuse is not an appealable interlocutory order. Hawkins v. Walker, 233 S.W.3d 380, 401 (Tex. App.—Fort Worth 2007, no pet.); see also 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.”).

On December 9, 2024, we notified Appellant of our concern that we lacked jurisdiction over this appeal because the “Order Summarily Denying Motion to Recuse” did not appear to be a final judgment or an appealable interlocutory order.

See Tex. R. Civ. P. 18a(j)(1)(A); Lehmann, 39 S.W.3d at 195, 200; Hawkins, 233 S.W.3d at 401. We informed Appellant that unless he or any party filed, within ten days, a response showing grounds for continuing the appeal, we could dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. We have not received a response.

Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Lehmann, 39 S.W.3d at 195, 200.

/s/ Wade Birdwell Wade Birdwell Justice Delivered: January 16, 2025

Case-law data current through December 31, 2025. Source: CourtListener bulk data.