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In re Trevino

Court of Appeals of Texas, Fourth District, San Antonio
May 24, 2023
No. 04-23-00097-CV (Tex. App. May. 24, 2023)

Opinion

04-23-00097-CV

05-24-2023

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

ORDER

Luz Elena D. Chapa, Justice

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 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).

Accordingly, we order counsel Armando Trevino to show cause in writing by June 5, 2023 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines in this appeal are suspended pending further order of this court.


Summaries of

In re Trevino

Court of Appeals of Texas, Fourth District, San Antonio
May 24, 2023
No. 04-23-00097-CV (Tex. App. May. 24, 2023)
Case details for

In re Trevino

Case Details

Full title:IN THE GUARDIANSHIP OF JAVIER J. TREVINO, AN INCAPACITATED PERSON

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 24, 2023

Citations

No. 04-23-00097-CV (Tex. App. May. 24, 2023)