Background
Anthony Michael Melendez filed a petition for a writ of mandamus in the Texas Tenth Court of Appeals on August 17, 2026. The petition concerned the denial of a motion to recuse.
Melendez also sought temporary relief. The court addressed both requests in a per curiam memorandum opinion.
The Court’s Holding
The court denied the mandamus petition. It cited Texas Rule of Civil Procedure 18a(j), under which an order denying a motion to recuse may be reviewed only for abuse of discretion in an appeal from the final judgment.
The court also cited authority establishing that a Texas intermediate appellate court’s mandamus jurisdiction does not extend to a presiding regional administrative judge. Because the petition was denied, the court dismissed Melendez’s motion for temporary relief as moot.
Key Takeaways
- A party generally may challenge an order denying a recusal motion only on appeal from the final judgment.
- Texas intermediate appellate courts lack mandamus jurisdiction over a presiding regional administrative judge.
- The denial of the mandamus petition rendered the related request for temporary relief moot.
Why It Matters
The decision underscores the procedural limits governing challenges to denied recusal motions in Texas. Litigants ordinarily must preserve such a challenge for an appeal following final judgment rather than seek immediate mandamus relief.
It also highlights the jurisdictional boundary preventing intermediate appellate courts from issuing mandamus relief against regional presiding judges.