Order entered May 26, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00170-CV
ERIC DRAKE, Appellant
V.
CARMEN SIFUENTES, CONSUMERS COUNTY MUTUAL INSURANCE, Appellees
No. 05-13-00871-CV
ERIC DRAKE, Appellant
V.
TRAVELERS INDEMNITY COMPANY, ET AL., Appellees
No. 05-13-00894-CV
ERIC DRAKE, Appellant
V.
KRISTINA KASTL, Appellee
No. 05-13-01520-CV
ERIC DRAKE, Appellant
V.
TRAVELERS INDEMNITY COMPANY, ET AL., Appellees
ORDER
Before the Court En Banc
Before the Court is appellant’s May 18, 2015 second motion to recuse and disqualify
certain former, visiting and sitting Justices of the Court. This Court previously denied
appellant’s April 9, 2015 motion to recuse and his April 13, 2015 motion to reconsider that
order. The Court has reviewed appellant’s May 18, 2015 second motion to recuse and disqualify
and has determined that it does not raise any new grounds for recusal or disqualification. Rather,
we conclude that the motion is groundless and brought without sufficient cause.
In addition to the express grants of judicial power to each court in Texas, there are other
powers which courts may exercise though not expressly authorized or described by constitution
or statute. Greiner v. Jameson, 865 S.W.2d 493, 498 (Tex. App—Dallas 1993, writ denied). The
Texas Supreme Court categorizes these additional powers as “implied” and “inherent” powers.
Id. (citing Eichelberger v. Eichelberger, 582 S.W.2d 395, 398 (Tex. 1979)). A court does not
derive its inherent judicial power from legislative grant or specific constitutional provision but
from the very fact that the state constitution has created and charged the court with certain duties
and responsibilities. Greiner, 865 S.W.2d at 498–99. The inherent powers of a court are those
that it may call upon to aid in the exercise of its jurisdiction, in the administration of justice, and
in the preservation of its independence and integrity. Eichelberger, 582 S.W.2d at 398.
Because the Court has determined appellant’s May 18, 2015 motion to recuse and
disqualify is groundless, brought without sufficient cause, and has caused unnecessary delay in
reaching a final judgment in this case, we STRIKE appellant’s motion under our inherent power
to aid in the administration of justice.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE