in the Estate of Estanislada Rodriguez

Court of Appeals of Texas

in the Estate of Estanislada Rodriguez

DecidedAugust 13, 2020

Docket14-19-00146-CV

StatusPublished

This text of in the Estate of Estanislada Rodriguez (in the Estate of Estanislada Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

in the Estate of Estanislada Rodriguez, (Tex. Ct. App. 2020).

Pincite

Opinion

Appeal Dismissed and Memorandum Opinion filed August 13, 2020.

In The

Fourteenth Court of Appeals

NO. 14-19-00146-CV

IN THE ESTATE OF ESTANISLADA RODRIGUEZ, DECEASED

On Appeal from the County Court at Law No. 3 Fort Bend County, Texas Trial Court Cause No. 12-CPR-025070

MEMORANDUM OPINION

This is an attempted appeal from an order signed February 1, 2019, for the dependent administrator Terry Garcia to pay attorney’s fees and expenses. On July 15, 2020, this court informed the parties that it would consider dismissal of the appeal on its own motion for want of jurisdiction, see Tex. R. App. P. 42.3(a), because the record reflects that the order is interlocutory and not appealable under Dumitrov v. Hitt, 601 S.W.2d 472, 473 (Tex. App.—Houston [14th Dist.] 1980, writ ref’d n.r.e.) (applying the predecessor of Tex. Estates Code § 352.051; reasoning that the “approval of such an expense by the probate court is not a final judgment; that order may be reviewed and corrected in a settlement of the final account”).

This court notified the parties that the appeal would be dismissed unless any party filed a response on or before July 27, 2020, showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(c). No party filed a response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Christopher, Wise, and Zimmerer.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal Dismissed and Memorandum Opinion filed August 13, 2020.

In The

Fourteenth Court of Appeals

NO. 14-19-00146-CV

IN THE ESTATE OF ESTANISLADA RODRIGUEZ, DECEASED

On Appeal from the County Court at Law No. 3 Fort Bend County, Texas Trial Court Cause No. 12-CPR-025070

MEMORANDUM OPINION

This is an attempted appeal from an order signed February 1, 2019, for the dependent administrator Terry Garcia to pay attorney’s fees and expenses. On July 15, 2020, this court informed the parties that it would consider dismissal of the appeal on its own motion for want of jurisdiction, see Tex. R. App. P. 42.3(a), because the record reflects that the order is interlocutory and not appealable under Dumitrov v. Hitt, 601 S.W.2d 472, 473 (Tex. App.—Houston [14th Dist.] 1980, writ ref’d n.r.e.) (applying the predecessor of Tex. Estates Code § 352.051; reasoning that the “approval of such an expense by the probate court is not a final judgment; that order may be reviewed and corrected in a settlement of the final account”).

This court notified the parties that the appeal would be dismissed unless any party filed a response on or before July 27, 2020, showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(c). No party filed a response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Christopher, Wise, and Zimmerer.

Cite This Page — Counsel Stack

Bluebook (online)

in the Estate of Estanislada Rodriguez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-estate-of-estanislada-rodriguez-texapp-2020.

Opinion

Related

Cite This Page — Counsel Stack