Janata Montgomery v. Southern Methodist University ( 2020 )

DISMISS and Opinion Filed April 30, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00206-CV
JANATA MONTGOMERY, Appellant
V.
SOUTHERN METHODIST UNIVERSITY, Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-17588
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
Appellant appeals from the February 13, 2020 order denying her motion to
recuse the presiding judge. The record before this Court does not contain a final
judgment. The Court questioned its jurisdiction to review the recusal order and
directed appellant to file, by March 3, 2020, a letter brief addressing the Court’s
concern. We cautioned appellant that failure to comply may result in dismissal of
the appeal without further notice. As of today’s date, appellant has not responded.
With respect to an order denying a motion to recuse, this Court’s appellate
jurisdiction is limited to review from the final judgment. 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.”). Because the trial court has not rendered a final
judgment, this Court lacks jurisdiction to review the recusal order. See id.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200206F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JANATA MONTGOMERY, On Appeal from the 162nd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-19-17588.
No. 05-20-00206-CV V. Opinion delivered by Chief Justice
Burns. Justices Whitehill and
SOUTHERN METHODIST Molberg participating.
UNIVERSITY, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee SOUTHERN METHODIST UNIVERSITY
recover its costs of this appeal from appellant JANATA MONTGOMERY.
Judgment entered April 30, 2020
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