Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00109-CV
Sergio ALANIZ, Sr., et al.,
Appellants
v.
Jesus Maria Alvarez & Associates; Ana Lisa Garza, s
JESUS MARIA ALVAREZ & ASSOCIATES,
Ana Lisa Garza, Intervenor,
Appellees
From the 381st Judicial District Court, Starr County, Texas
Trial Court No. DC-00-328
Honorable J. Manuel Banales, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 14, 2014
DISMISSED FOR LACK OF JURISDICTION
Appellants seek to appeal from a January 13, 2014 order denying their motion to recuse
the trial judge, the Honorable Federico J. Hinojosa, retired Justice of the Thirteenth Court of
Appeals. It appears from the clerk’s record that the order is interlocutory because the underlying
proceeding out of which the order arises remains pending and no severance order appears in the
record. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001) (appellate courts only
have jurisdiction to review final judgments that dispose of all parties and causes of action and
certain interlocutory orders identified by statute). Rule 18a(j) of the Texas Rules of Civil
04-14-00109-CV
Procedure expressly states that an order denying a motion to recuse may only be reviewed on
appeal from the final judgment. TEX. R. CIV. P. 18a(j)(1)(A). On April 8, 2014, we ordered
appellants to show cause in writing within fifteen days why this appeal should not be dismissed
for lack of jurisdiction. Appellants did not respond. Absent an appealable interlocutory order or
final judgment in writing, this court has no jurisdiction over this appeal. See Ogletree v. Matthews,
262 S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex.
2001); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Accordingly,
this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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