in the Estate of Maria Luisa Aguilar

Court of Appeals of Texas

in the Estate of Maria Luisa Aguilar

DecidedJune 18, 2021

Docket04-21-00150-CV

StatusPublished

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Opinion

Fourth Court of Appeals San Antonio, Texas June 18, 2021

No. 04-21-00150-CV

IN THE ESTATE OF MARIA LUISA AGUILAR

From the County Court At Law No 1, Webb County, Texas Trial Court No. 2020PB5000085-L1 Honorable Hugo Martinez, Judge Presiding

ORDER

On April 16, 2021, Appellant Roberto Aguilar, Jr. filed a notice of appeal in the underlying probate action. The notice of appeal does not state which order by the trial court the appellant intends to appeal. Appellee Karla Belen Garcia, dependent administratrix of the estate, has filed a motion to dismiss the appeal for lack of jurisdiction. She asserts that appellant is appealing from the trial court’s order of February 19, 2021, which ordered the sale of real property in the probate case. She asserts that appellant did not timely file a motion for new trial related to this order. Therefore, she argues appellant’s notice of appeal was due to be filed on March 22, 2021, but was not filed until April 16, 2021. TEX. R. APP. P. 26.1(a). Therefore, she argues because appellant did not timely file a notice of appeal, we lack jurisdiction over this appeal.

We ORDER Appellant Roberto Aguilar, Jr. to show cause in writing by July 6, 2021 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of June, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 18, 2021

No. 04-21-00150-CV

IN THE ESTATE OF MARIA LUISA AGUILAR

From the County Court At Law No 1, Webb County, Texas Trial Court No. 2020PB5000085-L1 Honorable Hugo Martinez, Judge Presiding

ORDER

On April 16, 2021, Appellant Roberto Aguilar, Jr. filed a notice of appeal in the underlying probate action. The notice of appeal does not state which order by the trial court the appellant intends to appeal. Appellee Karla Belen Garcia, dependent administratrix of the estate, has filed a motion to dismiss the appeal for lack of jurisdiction. She asserts that appellant is appealing from the trial court’s order of February 19, 2021, which ordered the sale of real property in the probate case. She asserts that appellant did not timely file a motion for new trial related to this order. Therefore, she argues appellant’s notice of appeal was due to be filed on March 22, 2021, but was not filed until April 16, 2021. TEX. R. APP. P. 26.1(a). Therefore, she argues because appellant did not timely file a notice of appeal, we lack jurisdiction over this appeal.

We ORDER Appellant Roberto Aguilar, Jr. to show cause in writing by July 6, 2021 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of June, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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