Opinion
No. 05-17-00774-CV
08-23-2017
IN RE: ESTATE OF ROBERTO REFUGIO DE JESUS GONZALEZ BARRERA
On Appeal from the Probate Court No. 1 Dallas County, Texas
Trial Court Cause No. PR-14-02697-1
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant appeals the trial court's order dismissing her application for issuance of letters of independent administration of the estate of Roberto Refugio de Jesus Gonzalez Barrera. By letter dated August 3, 2017, the Court questioned its jurisdiction over this appeal as there does not appear to be an appealable order. We instructed appellant to file, by August 14, 2017, a letter brief addressing our concern and cautioned her that failure to comply may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.
Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). However, in a probate proceeding, an order on a discrete issue is appealable before the entire proceeding is concluded if an express statute declares that phase of the proceeding from which the order arises to be final and appealable or if the order disposes of all the parties or issues for which the particular part of the proceeding was brought. See De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006); Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995).
Appellant filed an application for issuance of letters of independent administration. She appeals the probate court's March 17, 2017 order dismissing her application. The record before this Court shows that there is an application for the issuance of letters testamentary that remains pending. Thus, the appealed order is neither a final judgment nor an order disposing of all parties or issues in a particular phase of the probate proceeding. See TEX. ESTATES CODE ANN. § 304.001 (West 2014) (probate court may grant either letters testamentary or of administration to person qualified to serve as personal representative). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a), (c).
We deny as moot appellee's motion to dismiss the appeal.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170774F.P05
JUDGMENT
On Appeal from the Probate Court No. 1, Dallas County, Texas
Trial Court Cause No. PR-14-02697-1.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, Eduardo Livas Cantu, Ph.D. and Juan Antonio Quiroga Garcia, recover their costs of this appeal from appellant Lorena Gomez De Gonzalez. Judgment entered August 23, 2017.