In re O'Connor

Case Number: 01-01-00877-CV 08/13/2002 Certified cys of cost bill sent to attys of record 08/13/2002 Case stored in record room 08/08/2002 Notice requesting filing fee 06/27/2002 Stay Order lifted 06/27/2002 Petition for Writ of Mandamus disposed petition granted TRAP 52.8(c) 06/27/2002 Opinion issued conditionally granted 06/27/2002 Order of the Court Issued Court of Appeals Opinion ordered published 06/27/2002 Court approved judgment sent to attys of record 12/13/2001 Waiver notice for brief on the merits 12/10/2001 Brief filed. 11/08/2001 Brief on the Merits Requested 10/22/2001 Reply brief 10/18/2001 Response to Motion 10/09/2001 Stay Order issued 10/09/2001 Supreme Court of Texas Requested Response; mailbox rule does not apply 10/09/2001 Motion for temporary relief disposed Granted 10/08/2001 Motion for temporary relief 10/08/2001 Case Record Filed 10/08/2001 Appendix Filed 10/08/2001 petition for writ of mandamus filed OPINION

Relator, Lisa Black O'Connor, has filed a petition for writ of mandamus complaining that Judge Michel1 is constitutionally disqualified from sitting in the underlying case. According to the petition for writ of mandamus and motion for emergency relief, the underlying case has already been tried to a jury, a judgment has been signed, a motion for new trial has been filed, and a hearing on the motion for new trial has been filed, and a hearing on the motion for new trial is set for October 12, 2001. The motion to disqualify Judge Michel, the order of referral pursuant to TEX.R.CIV.P. 18a(d), and the order denying the motion to disqualify Judge Michel were all filed or signed after the judgment was signed.

We deny the petition for writ of mandamus and the motion for emergency relief.

1 The Honorable Randy Michel, judge of the County Court at Law No. 1 of Brazos County, Texas. The underlying lawsuit is In the Interestof T.E.O., A Minor Child, trial court cause no. 35,151A-CCL1.