H.K. Barrett and Alice Barrett v. Constance Wasson Barrett and Stephen K. Barrett--Appeal from 387th District Court of Fort Bend County

State: Texas

Court: Texas Northern District Court

Docket No: 14-03-00373-CV

Case Date: 08/31/2004

Plaintiff: H.K. Barrett and Alice Barrett

Defendant: Constance Wasson Barrett and Stephen K. Barrett--Appeal from 387th District Court of Fort Bend Coun

Preview:In Re: Harold Phillips--Appeal from 306th District
Court of Galveston County
Opinion issued January 22, 2004
In The
Court of Appeals
For the
First District of Texas
NO. 01 03 01303 CV
IN RE HAROLD L. PHILLIPS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINIONRelator Harold L. Phillips has filed another petition for a writ of mandamus complaining
of Judge Yarbrough s // September 3, 2003 order that relator appear and show cause. // Relator contends that Judge
Yarbrough is recused due to a October 5, 1998 motion to recuse which Phillips directed at the then sitting judge, the
Honorable Susan Baker Olsen, and Judge Yarbrough, who relator claims was the associate judge of the 306th District
Court in 1999. Judge Olsen declined to recuse herself and referred the recusal to the presiding judge of the
administrative judicial region.
Phillips has not filed a mandamus appendix and record that show (1) the outcome of the recusal matter that was
referred to the presiding judge of the administrative judicial region and (2) whether Phillips timely renewed his motion
to recuse Judge Yarbrough as soon as she became the presiding judge of the 306th District Court. See Tex. R. App. P.
52.3(j) (requiring appendix containing certified or sworn copy of any order complained of, or any other document
showing matter complained of); 52.7(a) (requiring record containing (a) certified or sworn copy of every document
that is material to relator s claim for relief and that was filed in any underlying proceeding and (b) properly
authenticated transcription of any relevant testimony from any underlying proceeding, including any exhibits offered
in evidence, or a statement that no testimony was adduced in connection with the matter complained).
We deny the petition for a writ of mandamus.
PER CURIAM
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Panel consists of Chief Justice Radack and Justices Jennings and Higley.
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