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Zsolt Petko and Zsuzsanna Adam v. Carelton Courtyard

Citation: Not availableDocket: 01-17-00918-CV

Court: Court of Appeals of Texas; December 19, 2018; Texas; State Appellate Court

Original Court Document: View Document

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Appellants Zsolt Petko and Zsuzsanna Adam filed a second pro se "Motion to Recuse Judges" concerning the panel justices who issued a prior order. According to Texas Rule of Appellate Procedure 16.3, a challenged justice must either recuse themselves or have the matter certified to the entire court for a majority decision. In this instance, the challenged justices considered the Motion in chambers and found no grounds for recusal, subsequently certifying the matter to the remaining en banc court. 

The court followed the procedural requirements outlined in Rule 16.3, deliberating and voting on the Motion to Recuse for each challenged justice without their participation. The Motion was ultimately denied for Justices Jennings, Keyes, and Higley, with each order specifying the denial of their recusal requests. The court consisted of Chief Justice Radack and Justices Bland, Massengale, Brown, Lloyd, and Caughey. The final ruling rejected the appellants' request for recusal of all three justices.