Opinion
No. 01-09-00901-CV
Decided October 20, 2009; Corrected October 22, 2009.
Trial Court Case Number: 0700020.
Original Proceeding on Petition for Writ of Mandamus.
Beatriz Truitt, League City, TX.
Judith Ann Ritts, Houston, TX.
Joseph Indelicato, Houston, TX.
Steven R. Rosen, Steven Rocket Rosen, P.C., Houston, TX.
Please substitute the attached corrected opinion for the opinion that issued in this case on October 20, 2009. The correction was due to an incorrect opinion page.
MEMORANDUM OPINION
The underlying case is In the Matter of The Marriage of Carla Velasco and Fife B. Ellis and In the Interests of Ethan F. Ellis, A Child, No. 2007-00020, in the 308th Judicial District Court of Harris County, Texas, the Hon. Georgia Dempster, presiding.
By petition for writ of mandamus, relator, Carla I. Velasco, seeks mandamus relief compelling the trial court judge to recuse herself from further proceedings or request the presiding judge of the administrative judicial district to assign a judge to hear Velasco(s motion to recuse.
We deny the petition for writ of mandamus. See TEX. R. APP. P. 52.3(k)(1)(A).
MEMORANDUM OPINION
The underlying case is In the Matter of The Marriage of Carla Velasco and Fife B. Ellis and In the Interests of Ethan F. Ellis, A Child, No. 2007-00020, in the 308th Judicial District Court of Harris County, Texas, the Hon. Georgia Dempster, presiding.
By petition for writ of mandamus, relator, Carla I. Velasco, seeks mandamus relief compelling the trial court judge to recuse herself from further proceedings or request the presiding judge of the administrative judicial district to assign a judge to hear Velasco's motion to recuse. See TEX. R. CIV. P. 18(c) ("Prior to any further proceedings in the case, the judge shall either recuse himself or request the presiding judge of the administrative judicial district to assign a judge to hear such motion."); Hudson v. Texas Children's Hosp., 177 S.W.3d 232, 235 (Tex. App. 2005, no pet.).
We deny the petition for writ of mandamus.