Opinion
No. 04-16-00656-CV
01-19-2017
IN THE ESTATE OF ALVILDA MAE AGUILAR, DECEASED
From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2012-PC-2802
Honorable David Peeples, Judge Presiding
ORDER
After further considering our jurisdiction over this appeal, this court's order of January 18, 2017 is WITHDRAWN. This is an appeal from an order denying a tertiary motion to recuse and granting sanctions pursuant to section 25.00256 of the Texas Government Code. "The denial of a tertiary recusal motion is only reviewable on appeal from final judgment." TEX. GOV'T CODE ANN. § 25.00256 (West Supp. 2016); see also In re Matter of Guardianship of Hart, 460 S.W.3d 742, 743 (Tex. App.—Fort Worth 2015, no pet.) ("It is clear that a party may appeal from an order denying a motion to recuse a judge of a statutory probate court only after final judgment has been entered."); Guilbot v. de Gonzalez, 367 S.W.3d 442, 446-47 (Tex. App.—Houston [14th Dist.] 2012, pet. denied) (dismissing appeal of order denying tertiary recusal motion for lack of jurisdiction because order may not be reviewed on appeal from a final judgment). It is therefore ORDERED that appellant show cause in writing no later than fifteen days from the date of this order why this appeal should not be dismissed for want of jurisdiction. All other deadlines in this appeal are SUSPENDED pending our determination of the jurisdictional issue.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of January, 2017.
/s/_________
Keith E. Hottle
Clerk of Court