In the Matter of the Estate of Leona Rider v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 09-24-00196-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00196-CV __________________

IN THE MATTER OF THE ESTATE OF LEONA RIDER

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On Appeal from the Probate Court No. 1 Montgomery County, Texas Trial Cause No. 10-27376-P __________________________________________________________________

MEMORANDUM OPINION

On May 24, 2024, Appellant, Arliss L. Linder, Jr., filed a notice of appeal

from an order denying a funds transfer, which the trial court signed on April 3, 2024.

The notice of appeal does not state that the appeal is being taken from a final order

or from an order that may be appealed in an accelerated appeal. On August 1, 2024,

the Clerk of the Court issued a notice that the order being appealed is neither a final

judgment nor an appealable order. The notice warned the parties that the appeal

would be dismissed for lack of jurisdiction unless the Court received a response

showing a ground for continuing the appeal.

1 Generally, in civil cases appellate courts review only final judgments and

interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may

proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P.

28.1(a). The appellant has failed to comply with the notice from the clerk requiring

action within a specified time. See id. 42.3(c). Linder failed to file a response or

identify a final judgment or a written order from which an appeal is authorized by

law. Accordingly, we dismiss the appeal. See id. 42.3(a), (c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 28, 2024 Opinion Delivered August 29, 2024

Before Golemon, C.J., Johnson and Wright, JJ.