in the Estate of Victoria Goswami

• Court: Court of Appeals of Texas
• Decided: August 23, 2019
• Docket: 05-19-00208-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed August 23, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00208-CV

IN THE ESTATE OF VICTORIA GOSWAMI, DECEASED

On Appeal from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-17-02806-2

MEMORANDUM OPINION Before Justices Bridges, Brown, and Nowell Opinion by Justice Brown Martino Rivaplata and Julia Rivasplata appeal from the probate court’s order denying

their counter-application to determine heirship. We questioned our jurisdiction over this appeal

because there did not appear to be an appealable order. At the Court’s direction, the parties filed

letter briefs addressing the Court’s jurisdictional concern.

Probate proceedings may have multiple judgments that are final for purposes of appeal.

See De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006). A judgment in a proceeding to

declare heirship is a final judgment. See TEX. ESTATES CODE ANN. § 202.202. A final judgment

in a proceeding to declare heirship must include the names of the heirs of the decedent and the

heirs’ respective shares and interests in the decedent’s property. See id. § 202.201(a)(1), (2).

In this case, Eduardo Renteria filed an application to determine heirship listing six heirs

of decedent. Rivaplata and Rivasplata filed their counter-application to determine heirship. On

January 27, 2019, the probate court signed an order denying their counter-application. This order, however, does not constitute a final judgment in the heirship proceeding because it fails to

name the heirs and provide the respective interests of the heirs in the decedent’s property. See

id. § 202.201(a). Although the probate court denied the counter-application to determine

heirship, Renteria’s application to determine heirship remains pending. Nothing in appellants’

letter brief supports this Court’s jurisdiction over this appeal.

The appealed order does not finally dispose of the heirship proceeding and is, therefore

not reviewable on appeal. Accordingly, we dismiss this appeal for want of jurisdiction and all

pending motions. See TEX. R. APP. P. 42.3(a).

/Ada Brown/ ADA BROWN JUSTICE

190208F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE ESTATE OF VICTORIA On Appeal from the Probate Court No. 2, GOSWAMI, DECEASED Dallas County, Texas Trial Court Cause No. PR-17-02806-2. No. 05-19-00208-CV Opinion delivered by Justice Brown. Justices Bridges and Nowell participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees Eduardo Renteria and Marisela Olivares recover their costs of this appeal from appellants Martino Rivaplata and Julia Margarita Rivasplata.

Judgment entered this 23rd day of August, 2019.

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