Here, after switching attorneys three times and getting two continuances, the wife’s third request for a continuance was denied. The wife’s new attorney told opposing counsel not to work over the weekend because he was going to file a motion to recuse. Trial was set for 9:00 a.m. and wife and her attorney did not appear in the courtroom, But, the wife at 9:08 a.m. filed a motion to recuse. The trial judge denied the motion and started the trial. At some point, the wife’s attorney appeared in the courtroom and he did not object to the trial going forward or ask for the evidence to be reopened for his client to present her case. The administrative judge denied the motion to recuse two days later without a hearing. The Dallas Court of Appeals acknowledged the general rule that a trial judge faced with a motion to recuse may only recuse or deny the motion and must refer the motion and get a ruling before proceeding on anything involving the case. However, an exception is carved out here to the “recuse or refer” rule based on TRCP 18a(d) which says a ,“trial judge shall make no further orders “[e]xcept for good cause stated in the order in which further action is taken”.
Litman v. Litman, No. 05-11-00903-CV (Tex. App – Dallas 5/15/2013).