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Johnson v. Pumjani

Even if the movant merely refiles his previously filed motion to recuse, the court does not have the option of doing nothing.

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AFFIRMED IN PART, REVERSED AND REMANDED IN PART AND OPINION FILED AUGUST 16, 2001.

OPINION

A. E. Johnson, appellant in this case, filed suit alleging appellees sold inferior gasoline which damaged his equipment. The trial court rendered judgment in favor of Johnson, who then filed a motion for new trial which the trial court denied. In five points of error Johnson contends the trial court erred (1) in not granting his motion to recuse; (2) in failing to file findings of fact and conclusions of law, as requested by appellant; (3) in failing to grant his motion to “reinstated [sic] the case on the trial court docket, or to increase the judgments;” (4) in failing to set an oral hearing on appellees’ motion for partial summary judgment; and (5) in failing to act on his requests for findings and conclusions. Because the trial court failed to act on a motion to recuse, we will reverse and remand as to their point.

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