R. Stephen McNally v. Krystene Wormley Woodard, in Her Capacity as Independent of the Estate of Johnnie Sam Simpson Living Trust Donna Barnes Ware Henry Evans And Lois Jean Bradshaw Evans

• Court: Court of Appeals of Texas
• Decided: July 22, 2021
• Docket: 03-20-00572-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00572-CV

R. Stephen McNally, Appellant

v.

Krystene Wormley Woodard, in her Capacity as Independent Executor of The Estate of Johnnie Sam Simpson Living Trust; Donna Barnes Ware; Henry Evans; and Lois Jean Bradshaw Evans, Appellees

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-94-009808, THE HONORABLE JAN SOIFER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant R. Stephen McNally desires to challenge an order denying his Motion

to Retain Cause on Docket. On June 25, 2021, we sent McNally a letter asking him to explain

how this Court may exercise jurisdiction over his appeal. McNally timely filed a response

indicating that he had “made a diligent search for authority that such motion denials would be

appealable, but ha[d] found none.” Nor are we aware of any authority allowing appellate review

of the disposition of such a motion. Accordingly, we dismiss McNally’s appeal for want of

jurisdiction. See Tex. Const. art. V, § 6(a); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272

(Tex. 1992) (orig. proceeding); Branch L. Firm L.L.P. v. Osborn, 532 S.W.3d 1, 10 (Tex. App.—

Houston [14th Dist.] 2016, pet. denied). __________________________________________ Edward Smith, Justice

Before Justices Goodwin, Baker, and Smith

Dismissed for Want of Jurisdiction

Filed: July 22, 2021