Ruby Eddins, Individually and as Executor of the Estate of J.C. Eddins v. Ronnie Borders and Ronnie Borders, Inc.--Appeal from 123rd District Court of Shelby County

State: Texas

Court: Texas Northern District Court

Docket No: 12-02-00322-CV

Case Date: 11/20/2002

Plaintiff: Ruby Eddins, Individually and as Executor of the Estate of J.C. Eddins

Defendant: Ronnie Borders and Ronnie Borders, Inc.--Appeal from 123rd District Court of Shelby County

Preview:Nathan Andrew Kniatt v. The State of Texas--Appeal from 40th District Court of Ellis County
MAJORITY | MAJORITY IN THE TENTH COURT OF APPEALS

No. 10-03-00199-CR Nathan Andrew Kniatt, Appellant v. The State of Texas, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 25704CR opiniononrehearing In our December 5, 2007 abatement order on Appellant s motion for rehearing, we abated this appeal and remanded the cause to the trial court for a new hearing on Appellant s motion to recuse the Honorable Gene Knize. Kniatt v. State, 239 S.W.3d 910 (Tex. App. Waco 2007, order). On January 2, 2008, Senior District Judge John Nelms, the judge assigned to conduct the hearing, heard Appellant s motion and entered an order recusing Judge Knize. An order granting a motion to recuse is not reviewable. See Tex. R. Civ. P. 18a(f). As a result of the recusal of Judge Knize, we vacate his June 19, 2003 order denying Appellant s application for writ of habeas corpus on the voluntariness of Appellant s guilty plea. Another judge must be assigned to hear the application. See Tex. R. Civ. P. 18a(f). We remand this cause for further proceedings. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna

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(Chief Justice Gray dissenting) Vacated and remanded Opinion delivered and filed April 9, 2008 Publish [CR25]

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