Estate of Michael John Phillips

• Court: Court of Appeals of Texas
• Decided: October 12, 2021
• Docket: 09-21-00284-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-21-00284-CV __________________

IN THE ESTATE OF MICHAEL JOHN PHILLIPS

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On Appeal from the County Court Tyler County, Texas Trial Cause No. PR-09605 __________________________________________________________________

ORDER

On September 1, 2021, the trial court signed an interlocutory order, which

identifies a controlling question of law that, if resolved now, may materially advance

the ultimate resolution of the lawsuit should this Court decide to grant the request

and allow the matter to be argued by interlocutory appeal. See Tex. Civ. Prac. &

Rem. Code Ann. § 51.014(d) (Supp.); see also Tex. R. Civ. P. 168. On September

15, 2021, Richard Scott Stanley asked this Court for permission to appeal the

interlocutory order the trial court signed on September 1, 2021. See Tex. R. App. P.

28.3(a). The remaining party in the case, James Patrick Phillips, as Independent

1 Administrator and sole heir of the Estate of Michael John Phillips, Deceased, did not

object to Stanley’s request. See Tex. R. App. P. 28.3(f).

The Court grants Stanley’s petition seeking review through a permissive

appeal of the trial court’s order of September 1, 2021. See Tex. R. App. P. 28.3(k).

We deem the notice of appeal to have been filed as of the date the Court renders this

Order. Id. The record is due October 22, 2021. The brief of the appellant is due

twenty days after the record is filed. See Tex. R. App. P. 38.6(a). The appellee’s brief

is due twenty days after the appellant files his brief. See Tex. R. App. P. 38.6(b). The

Clerk of the Court shall file a copy of this Order with the trial court’s clerk. See Tex.

R. App. P. 28.3(k).

ORDER ENTERED October 12, 2021.

PER CURIAM

Before Golemon, C.J., Kreger and Horton, JJ.