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402 LONE STAR PROPERTY LLC v. BRADFORD, 04-16-00721-CV. (2017)

Court: Court of Appeals of Texas Number: intxco20171222985 Visitors: 1
Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER SANDEE BRYAN MARION , Chief Justice . On June 19, 2017, a verified motion to recuse Justice Marialyn Barnard, signed by Ms. Beth Watkins, one of the appellants' attorneys, was filed during the monitoring stage of this appeal, requesting Justice Barnard's recusal from this and "any other cases in which Watkins or a member of her firm appear as counsel." On that date, Justice Barnard was assigned as the monitoring justice for this appeal pursuant to the Fourth Court of Appeals' Internal
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ORDER

On June 19, 2017, a verified motion to recuse Justice Marialyn Barnard, signed by Ms. Beth Watkins, one of the appellants' attorneys, was filed during the monitoring stage of this appeal, requesting Justice Barnard's recusal from this and "any other cases in which Watkins or a member of her firm appear as counsel." On that date, Justice Barnard was assigned as the monitoring justice for this appeal pursuant to the Fourth Court of Appeals' Internal Operating Procedures.

Pursuant to TEX. R. APP. P. 16.3(a), the verified motion was sent to Justice Barnard to determine whether she would "remove . . . herself from all participation in the case, or certify the matter to the entire court." Justice Barnard agreed to voluntarily remove herself from participation in all cases in which Ms. Watkins or her firm appear as counsel. A letter dated June 19, 2017, was then issued by the court stating, "Please be advised there has been a monitoring panel change due to the voluntary recusal of Justice Marialyn Barnard." The court considered the letter as a disposition of the motion.

On November 14, 2017, Ms. Watkins contacted the clerk of this court by telephone inquiring about the status of the June 19, 2017, motion. After investigating Ms. Watkins's inquiry, the clerk of this court informed Ms. Watkins that the court considered the motion to have been disposed of by the June 19, 2017 letter, and if Ms. Watkins believed additional action was required, she would need to file either a letter or motion seeking clarification of the court's letter dated June 19, 2017.

On December 20, 2017, Ms. Watkins filed a motion requesting a ruling on the verified motion to recuse. Ms. Watkins acknowledges receiving this court's June 19, 2017 letter, but states "[n]either Justice Barnard nor the Fourth Court of Appeals issued an order on Watkin's motion." Ms. Watkins further states the "informal letter . . . does not inform Watkins whether Justice Barnard will be assigned to decide future Watkins files in the Fourth Court of Appeals."

As previously noted, Justice Barnard notified the court on June 19, 2017, that she would voluntarily recuse herself from all cases involving Ms. Watkins and her law firm. The court issued the letter in this appeal and also issued a letter in appeal number 04-16-00298-CV, notifying the parties to that appeal of a monitoring panel change due to Justice Barnard's voluntary recusal. Since June 19, 2017, the court has internally handled Justice Barnard's voluntary recusal and adjusted monitoring and submission panels as necessary. For example, in appeal number 04-17-00632-CV, Justice Barnard signed an order on October 6, 2017, granting the appellant's motion for extension of time to file his notice of appeal, and thereafter when Ms. Watkins filed a notice of appearance as appellant's counsel, the court immediately assigned a new monitoring judge and panel. This reassignment is reflected in an order issued by the court on November 15, 2017.

In view of the foregoing, appellant's motion requesting a ruling on the verified motion to recuse is MOOT.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of December, 2017.

Source:  Leagle

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