In the Guardianship of Javier J. Trevino, an Incapacitated Person v. the State of Texas
This text of In the Guardianship of Javier J. Trevino, an Incapacitated Person v. the State of Texas (In the Guardianship of Javier J. Trevino, an Incapacitated Person v. the State of Texas) 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.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00097-CV
IN THE GUARDIANSHIP OF Javier J. TREVINO, an Incapacitated Person
From the County Court at Law No. 2, Webb County, Texas Trial Court No. 2022PB6000079-L2 Honorable Victor Villarreal, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice
Delivered and Filed: June 28, 2023
DISMISSED FOR LACK OF JURISDICTION
On January 31, 2023, counsel Armando Trevino filed a notice of appeal seeking to appeal
the trial court’s January 25, 2023 order granting the first amended motion to show authority. The
order concludes he does not have authority to represent Javier J. Trevino, the ward in the
proceedings, and strikes each pleading filed by him. He cites additional orders, but they do not
appear in the clerk’s record. Absent an appealable interlocutory order or written final judgment,
this court has no jurisdiction over this appeal. See Matter of Guardianship of Jones, 629 S.W.3d
921, 925 (Tex. 2021) (explaining order in guardianship proceeding was final judgment if it
disposed of all issues and all parties in particular phase of proceeding in which motion seeking
order filed); Bosch v. Harris Cnty., No. 14-13-00739-CV, 2013 WL 5503744, at *1 (Tex. App.—
Houston [14th Dist.] Oct. 1, 2013, no pet.) (concluding order on Rule 12 motion to show authority 04-23-00097-CV
not appealable until merged into final judgment); see also Ogletree v. Matthews, 262 S.W.3d 316,
319 n.1 (Tex. 2007); Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We therefore
ordered counsel Armando Trevino to show cause in writing by June 5, 2023, why this appeal
should not be dismissed for lack of jurisdiction. Counsel Armando Trevino has not filed a response.
Accordingly, this appeal is dismissed. See TEX. R. APP. P. 42.3(a), (c).
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