Opinion
Appellate case number: 01-15-00925-CV
04-04-2016
Frances Harris v. Lisa Annette Taylor
ORDER Trial court case number: 15-CPR-027971 Trial court: County Court at Law No. 3 of Fort Bend County
This case was previously set for submission without oral argument on April 6, 2016. This case is hereby removed from the April 6, 2016 submission docket, and the Court requests that the parties provide supplemental briefing in accordance with this order. See TEX. R. APP. P. 38.7 ("A brief may be amended or supplemented whenever justice requires, on whatever reasonable terms the court may prescribe.").
The Court requests briefing to address whether this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a). Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Probate proceedings are an exception to the "one final judgment" rule, in that it is possible to have more than one final, appealable order. De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006). Further, there may be appeals from interim orders rendered on discrete issues before the entire proceeding is concluded. Id. However, not every interlocutory order in a probate case is appealable. Id. An order that merely "sets the stage" for the resolution of proceedings is interlocutory and not appealable. Id. at 579.
Here, the transcript of the October 19, 2015 hearing and the trial court's October 21, 2015 order suggest that the trial court appointed Richard Tate as a permanent "dependant administrator" and that it appointed Tate as a "temporary dependent administrator." See TEX. EST. CODE ANN. ch. 452 (Vernon 2014 & Supp. 2015); In re Estate of Arizola, 401 S.W.3d 664, 670 (Tex. App.—San Antonio 2013, pet. denied) (order appointing administrator ends phase of proceedings if it resolves issue of who will represent estate). Further, the order does not dispose of Taylor's declaratory action. See Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995).
Unless appellant files a response demonstrating by citation to the law that this Court has jurisdiction of the appeal, this appeal, or a portion of the appeal, may be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellant's supplemental brief is due no later than April 20, 2016. Appellee's supplemental brief is due no later than May 5, 2016. The Court requests that supplemental briefs be no longer than 15 pages and address only the issues identified in this order.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: April 4, 2016