In Re Perritt, 992 S.W.2d 444 (Tex. 1999). · Go Syfert
In Re Perritt, 992 S.W.2d 444 (Tex. 1999). Cases Citing This Book View Copy Cite
217 citation events (210 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In Re Ayleen Esparza v. the State of Texas
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
a party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request.
discussed Cited as authority (verbatim quote) in Re: El Paso County Public Defender
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request.
discussed Cited as authority (rule) In Re Calvin Wayne Burnham v. the State of Texas
Tex. App. · 2025 · confidence medium
Additionally, a “party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) 3 (per curiam) (orig. proceeding).
discussed Cited as authority (rule) In Re: Marsana De Monserat v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
This doctrine leaves room for –2– exceptions, and the supreme court has recognized one, explaining that “on rare occasions” the predicate requirement may be relaxed “when the circumstances confirmed that ‘the request would have been futile and the refusal little more than a formality.’” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (per curiam) (orig. proceeding) (quoting Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding)).
discussed Cited as authority (rule) In Re Derek Obialo v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (citing Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 556 (Tex. 1990)).
examined Cited as authority (rule) Christian Edgley v. Lateisha Ragland (3×) also: Cited "see"
Tex. App. · 2023 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999).
cited Cited as authority (rule) in Re J.H.
Tex. App. · 2023 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re State of Texas Ex Rel. Brent Smith v. Honorable Jan Soifer
Tex. Crim. App. · 2022 · confidence medium
Prohibition Requirements Prohibition relief can be obtained only if the relator has a clear right to the relief sought and no other adequate legal remedy.9 Even when a legal remedy is available, it can be “so uncertain, tedious, burdensome, slow, inconvenient, inappropriate, or ineffective as to be deemed inadequate.”10 With respect to whether a clear right to relief has been shown, we have said, “Even when the facts are undisputed, the extraordinary mechanism of a writ of prohibition or mandamus will not lie to resolve a hotly contested unsettled question of law.”11 But a ministerial …
cited Cited as authority (rule) in Re: Le Thi Pho Conry
Tex. App. · 2022 · confidence medium
P. 52.7; In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re Steven MacK McGee
Tex. App. · 2022 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re the Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
discussed Cited as authority (rule) in Re Eagleridge Operating, Llc
Tex. · 2022 · signal: cf. · confidence medium
Accordingly, we confine our review to whether Occidental precludes Aruba’s responsibility for any defects in the pipeline. 22In re AIU Ins., 148 S.W.3d 109, 121 (Tex. 2004) (holding that failure to present an argument in the court of appeals did not preclude mandamus relief where all arguments had been presented to the trial court). 23 Id.; cf. West v. Solito, 563 S.W.2d 240, 244 (Tex. 1978) (“We do not pass on the merits of these arguments because the release that is central to both of these arguments was not placed in issue before the trial court, thus depriving that fact finder of the o…
discussed Cited as authority (rule) in Re: Aja Holman (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
“Due to the extraordinary nature of the remedy, the right to mandamus relief generally requires a predicate request for action by the respondent, and the respondent’s erroneous refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding) (per curiam); In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam); In re Jarvis, 431 S.W.3d 129, 139 (Tex. App.—Houston [14th Dist.] 2013, orig. proceeding).
cited Cited as authority (rule) in Re Marcus Jacquot
Tex. App. · 2021 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam). 5 Moreover, relator’s arguments are without merit.
cited Cited as authority (rule) in Re Office of the Attorney General of Texas
Tex. App. · 2021 · confidence medium
In re Perritt, 992 S.W.2d 444,446 (Tex. 1999) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re J.W.C.
Tex. App. · 2020 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam); Axelson, Inc. v. McIlhaney, 798 S.W.2d 550, 556 (Tex. 1990) (orig. proceeding).
cited Cited as authority (rule) in Re Bay Watch Dolphin Tours 1, LLC
Tex. App. · 2020 · confidence medium
In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (citing In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)).
cited Cited as authority (rule) in Re Sanjay Khanduja
Tex. App. · 2020 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
discussed Cited as authority (rule) in Re Belinda De La Fuente Longoria and Ross A. Longoria
Tex. App. · 2019 · confidence medium
R. 47.4 (distinguishing opinions and memorandum opinions). action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); see Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding); Axelson, Inc. v. Mcllhany, 798 S.W.2d 550, 556 (Tex. 1990) (orig. proceeding); In re Cullar, 320 S.W.3d 560, 564 (Tex. App.—Dallas 2010, orig. proceeding).
cited Cited as authority (rule) in Re: Gilbert Malooly, and Chris Malooly, as Personal Representative of the Estate of Geraldine Malooly, Intervenors, Teri Finnegan, Lee Chagra, Jr., Joanna Krancher, Tina Chagra and Leslie C. Karam
Tex. App. · 2019 · confidence medium
In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017)(orig. proceeding); In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999)(orig. proceeding).
cited Cited as authority (rule) in Re Paradise Settlement Services, LLC
Tex. App. · 2019 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Samuel Raithel Gross
Tex. App. · 2019 · confidence medium
“Due to the extraordinary nature of the remedy, the right to mandamus relief generally requires a predicate request for action by the respondent, and the respondent’s erroneous refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding) (citing In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)).
discussed Cited as authority (rule) in Re Bobby Jones
Tex. App. · 2019 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam); In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding); see also In re Guillory, No. 14-17-00506-CR, 2018 WL 3432240 , at *2 (Tex. App.— Houston [14th Dist.] July 17, 2018, orig. proceeding) (mem. op., not designated for publication) (stating, “Relator is not entitled to mandamus relief because he has not provided this court with a certified or s…
discussed Cited as authority (rule) in Re: Texas Health Management, LLC (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
“Due to the extraordinary nature of the remedy, the right to mandamus relief generally requires a predicate request for action by the respondent, and the respondent’s erroneous refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding) (citing In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)).
discussed Cited as authority (rule) in Re Thermon James Flanigan
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Dwayne Rayshaun Wilson
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
discussed Cited as authority (rule) in Re Philip T. Pixler
Tex. App. · 2018 · confidence medium
Moreover, while a request for action by the trial court and a refusal of that request is generally a predicate to mandamus relief, In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding), a lack of subject-matter jurisdiction is fundamental error that can be raised anytime and that an appellate court must review whenever it appears.
discussed Cited as authority (rule) in Re Alex Melvin Wade Junior
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.— Houston [14th Dist.] 2011, no pet.).
discussed Cited as authority (rule) in Re Alex Melvin Wade, Jr.
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.—Houston [14th Dist.] 2011, no pet.).
discussed Cited as authority (rule) in Re Alex Melvin Wade Junior
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.— Houston [14th Dist.] 2011, no pet.).
discussed Cited as authority (rule) in Re Ramon Torres
Tex. App. · 2018 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); see also In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.— Houston [14th Dist.] 2011, no pet.).
discussed Cited as authority (rule) In re Coppola (2×) also: Cited "see"
Tex. · 2017 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
discussed Cited as authority (rule) in Re Howard Shulman
Tex. App. · 2017 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); In re Le, 335 S.W.3d 808 , 814–15 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding).
cited Cited as authority (rule) in Re Darryl Gregory Guillory
Tex. App. · 2017 · confidence medium
A “party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) In re Fain
Tex. App. · 2017 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
discussed Cited as authority (rule) in Re: Ricardo Roger Morales (2×) also: Cited "see, e.g."
Tex. App. · 2017 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re Irving Drobny, as Representative of National Accident Insurance Group and National Accident Insurance Underwriters
Tex. App. · 2016 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999).
cited Cited as authority (rule) in Re James Keith Wingate
Tex. · 2015 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999).
discussed Cited as authority (rule) in Re Michael Davis
Tex. App. · 2015 · confidence medium
In the petition, relator asks this court to compel the Honorable Marc Carter, presiding judge of the 228th District Court of Harris County, to rule on his "Movant's Motion for Access to the Plea Bargain." "A party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re J Womack
Tex. · 2015 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re J Womack
Tex. App. · 2015 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding).
cited Cited as authority (rule) in Re James Keith Wingate
Tex. App. · 2015 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999).
discussed Cited as authority (rule) in Re Justin Tyler Davis
Tex. App. · 2015 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); see Bd. of Pardons & Paroles ex rel.
cited Cited as authority (rule) in Re Quinn McGary
Tex. Crim. App. · 2015 · confidence medium
In re Perritt, 992 SW 2d 444, 446 (Tex :1999).
cited Cited as authority (rule) in Re the State of Texas Ex Rel Jana Duty, District Attorney, Williamson County v. Honorable Rick J. Kennon, Judge 368th District Court, Real Party in Interest Crispin James Harmel
Tex. App. · 2015 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999).
cited Cited as authority (rule) in Re: Greyhound Lines, Inc., FirstGroup America, and Dwayne Garrett
Tex. App. · 2014 · confidence medium
In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 556 (Tex. 1990) (orig. proceeding).
discussed Cited as authority (rule) in Re Medtronic, Inc. and Gary David Williams
Tex. App. · 2014 · confidence medium
In re Medtronic, Inc. Page 3 Medtronic argues that the motion to reconsider was necessary to proceed with this mandamus action because "[a] party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re: Joan Bull, M.D.
Tex. App. · 2014 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (per curiam) (orig. proceeding); accord In re Le, 335 S.W.3d 808, 814 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding).
discussed Cited as authority (rule) In Re Immobiliere Jeuness Establissement
Tex. App. · 2014 · confidence medium
The July 30, 2013 did not raise anything new, but IJE filed it "in one last effort to have this case unabated prior to filing a Petition for Writ of Mandamus.” See In re Perritt, 992 S.W.2d 444, 446 (Tex.1999) (orig. proceeding) (per curiam) (“A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request.”).
discussed Cited as authority (rule) in Re E.C.
Tex. App. · 2014 · confidence medium
“A party’s right to mandamus relief generally requires a predicate request for some action and refusal of that request.” In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam).
Retrieving the full opinion text from the archive…
In Re Billy Wayne PERRITT and Ann Perritt Jointly D/B/A Golden Corral Family Steakhouse No. 348, Relators
98-0934.
Texas Supreme Court.
Jul 1, 1999.
992 S.W.2d 444
John B. Gessner, Gessner & Flores, Dallas, John David Crisp, Crisp, Jordan & Boyd, Texarkana, John H. Barr, Burt Barr & Associates, Christopher M. Weil, Weil & Petrocchi, Dallas, Paul W. Nye, Chaves, Gonzales & Hoblit, Corpus Christi, for re-lators., John R. Mercy, Atchley, Russell, Wal-drop & Hlavinka, Lynn A. Grisham, Wait-man & Grisham, Bryan, for respondent.
Per Curiam.
Cited by 150 opinions  |  Published
PER CURIAM.

In this original mandamus proceeding, we decide whether a judge designated by the presiding judge of the administrative judicial district to hear a recusal motion under Texas Rule of Civil Procedure 18a is also an assigned judge subject to objection and mandatory disqualification under section 74.053(b) of the Texas Government Code. [1] We hold that the assigned judge was subject to section 74.053(b) and conditionally grant the writ.

Billy Wayne and Ann Perritt own and operate a Golden Corral restaurant franchise. They, along with Golden Corral Corporation and Golden Corral Franchising Systems, Inc., were named as defendants in the underlying litigation. The real parties in interest to this proceeding are diners who claim they became ill after eating at the Perritts’ restaurant.

The Perritts moved to recuse the trial judge, who referred the matter to the Presiding Judge of the First Administrative Judicial Region, Judge Pat McDowell. Judge McDowell, in turn, designated the Honorable Bill Stephens, a former judge subject to assignment under section 74.054(a)(2) of the Government Code, to hear the recusal motion. Golden Corral Corporation (“Golden Corral”) objected to Judge Stephens under section 74.053(b), but Judge Stephens overruled that objection by written order.

Following Judge Stephens’ ruling, the Perritts sought mandamus from the court of appeals based on Golden Corral’s objection. Apparently neither Golden Corral nor Golden Corral Franchising Systems, Inc. participated in this proceeding, and[*446] the court of appeals denied all relief. The Perritts then filed the present original proceeding in this Court, and Golden Corral moved to join as Relators.

Although Judge Stephens clearly-refused to recuse himself, the record does not reflect that the Perritts either joined Golden Corral’s objection or independently asked Judge Stephens to step aside. Thus, we must first decide whether the Perritts may seek mandamus relief based on another party’s objection in the trial court.

A party’s right to mandamus relief generally requires a predicate request for some action and a refusal of that request. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 556 (Tex.1990). Thus, real parties in interest argue that the Perritts’ failure to object in the trial court defeats their right to mandamus relief here. On rare occasions we have relaxed this predicate when the circumstances confirmed that “the request would have been futile and the refusal little more than a formality.” Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex.1991). This is one of those occasions.

Golden Corral’s objection clearly advised the trial court of its basis under section 74.053(b). Because the objection was timely, the assigned judge’s disqualification was automatic if his assignment was under section 74.053. In re Houston Lighting & Power Co., 976 S.W.2d 671, 672 (Tex.1998). Golden Corral did not have to provide a reason for the judge’s removal.

Houston Lighting & Power, 976 S.W.2d at 672. The Perritts likewise could have objected to Judge Stephens under section 74.053(b). Had the Perritts filed their own formal objection to Judge Stephens, it would have added nothing for the court’s consideration. Their objection would have been the same as Golden Corral’s. [2] In these unusual circumstances, the Perritts’ joinder in Golden Corral’s objection in the trial court was not necessary. We conclude that the Perritts have standing.

Chapter 74 of the Government Code, the Court Administration Act, divides the state into nine administrative judicial regions, provides for the appointment of regional presiding judges, and authorizes these presiding judges to assign visiting judges to the courts in their region, among other things. Section 74.053(b) grants each party to a civil case one unqualified objection to any judge assigned by the presiding judge under the chapter. Tex. Gov’t Code § 74.053(b). When a party timely objects to the assignment, the assigned judge’s removal is mandatory and may be enforced by mandamus. Mitchell Energy Corp. v. Ashworth, 943 S.W.2d 436,437 (Tex.1997).

This right to an unqualified objection, however, only applies to judges assigned under Chapter 74. Houston Lighting & Power, 976 S.W.2d at 672. Real parties argue that Judge Stephens’ assignment was not under Chapter 74, but rather was authorized by Rule 18a. [3] Real parties further argue that this rule empowers the[*447] presiding judge to assign judges to hear recusal motions and that such power is independent of that conferred under Chapter 74. Real parties conclude that because the presiding judge’s authority to assign Judge Stephens to hear the recusal motion did not derive from Chapter 74, Golden Corral’s objection was improper.

We have never specifically considered the argument that Rule 18a independently authorizes the presiding judge to assign judges to hear recusal motions. We have, however, previously granted mandamus to enforce a Chapter 74 objection to a judge assigned to hear a recusal motion under Rule 18a. See Flores v. Banner, 932 S.W.2d 500, 501 (Tex.1996). While Rule 18a sets out the procedure for a trial judge’s recusal or disqualification, it does not provide an independent basis apart from Chapter 74 for presiding judges to assign judges to hear such motions.

Rule 18a requires a trial judge who does not agree to recusal to refer the matter to the presiding judge of the administrative judicial district, who in turn may hear the motion or designate another judge to do so. Tex.R. Civ. P. 18a(d). When the presiding judge assigns the matter to another judge, he or she does so under authority as presiding judge of the administrative judicial district. Chapter 74 of the Government Code furnishes that authority in this instance, not our rules of civil procedure. Although this Court has the power to authorize the assignment of judges through a self-executing rule, we did not choose to do this when adopting Rule 18a. [4]

We therefore hold that Judge Stephens abused his discretion when he overruled the timely objection to his assignment to hear the recusal motion. Because disqualification is mandatory, mandamus is the appropriate remedy to compel the performance of this ministerial act. Mitchell Energy, 943 S.W.2d at 437; Flores, 932 S.W.2d at 501. Without hearing oral argument, we conditionally grant the writ of mandamus and direct Judge Stephens to disqualify himself from any further proceedings in this matter. Tex.R.App. P. 52.8(c). The writ will issue only if Judge Stephens fails to comply.

1

. Section 74.053, "Objection to Assigned Judge,” provides:

(a) When a judge is assigned under this chapter the presiding judge shall, if it is reasonable and practicable and if time permits, give notice of the assignment to each attorney representing a party to the case that is to be heard in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to the assignment, the judge shall not hear the case. Except as provided by Subsection (d), each party to the case is only entitled to one objection under this section for that case.
(c) An objection under this section must be filed before the first hearing or trial, including pretrial hearings, over which the assigned judge is to preside.
(d) A former judge or justice who was not a retired judge may not sit in a case if either party objects to the judge or justice.
2

. Section 74.053(d) permits unqualified objection to the assignment of any former judge, such as Judge Stephens. See Mitchell Energy Corp. v. Ashworth, 943 S.W.2d 436 (Tex. 1997). In contrast, each party to the case is entitled to only one objection to the assignment of a retired or regular judge. Tex. Gov’t Code § 74.053(b). In Mitchell Energy, we noted that "a judge’s status is fixed when a judge leaves office.” Mitchell Energy Corp., 943 S.W.2d at 437. Thus, a former judge, who accumulates additional service time as a visiting judge and subsequently retires, does not become a retired judge for purposes of section 74.053.

3

. Rule 18a, "Recusal or Disqualification of Judges,” provides in pertinent part:

[[Image here]]
(d) If the judge declines to recuse himself, he shall forward to the presiding judge of the administrative judicial district, in either original form or certified copy, an order of referral, the motion, and all opposing and concurring statements.... The presiding judge of the administrative judicial district shall immediately set a hearing before himself or some other judge designated by him,
[[Image here]]

Tex.R. Civ. P. 18a(d)(emphasis added).

4

. Compare Tex.R. Civ. P. 18a with Tex R. Jud. Admin. 11, which expressly excepts judges assigned thereunder from Chapter 74. Rule 11 provides: "An assignment under this rule is not made pursuant to section 74.054 of the Government Code, and therefore a presiding judge is not subject to an objection under section 74.053 of the Government Code.” TexR. Jud. Admin. 11.3(e), reprinted in Tex. Gov’t Code, tit. 2, subtit. F app. (1998).