Weidner v. Marlin

OPINION

RICKHOFF, Justice.

Appellee, Arthur Marlin (“Marlin”), has filed an objection to the assignment of a former justice, the Honorable Antonio G. Cantu, 2 to the panel hearing this appeal. Marlin moves for Justice Cantu’s recusal pursuant to Texas Government Code Section 74.053. 3 Justice Cantu’s assignment of service notification letter states the assignment is pursuant to Tex. Gov’t Code Ann. § 75.003 (Vernon Supp.1997). 4 The issue before us, therefore, is whether the automatic objection provision contained in § 74.053 of the Texas Government Code which Marlin relies upon in his motion…