Opinion
04-21-00455-CV
02-09-2022
IN THE GUARDIANSHIP OF MARTIN L. ROBERTSON, AN INCAPACITATED PERSON,
From the County Court, Kerr County, Texas Trial Court No. G18-22 Robert Lee Kelly, Judge Presiding
ORDER
Li a A driguez Justice.
Appellant filed a notice of appeal from the trial court's order signed on September 27, 2021 which addresses multiple matters in the underlying guardianship proceeding. We issued an order instructing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction in the absence of an appealable interlocutory order or written final judgment. See 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). Appellant responded that the appeal is limited to that portion of the trial court's September 27, 2021 order that denied appellant's objections and granted the appellee's "Application to Pay [Temporary Guardian] Appointee's Fees." Because it appears from the record that the portion of the order complained of disposes of all issues in a discrete phase of the guardianship proceedings, we have jurisdiction over the appeal. See De Ayala v. Mackie, 193 S.W.3d 575 578 (Tex. 2006) ("[p]robate proceedings are an exception to the 'one final judgment' rule; in such cases, 'multiple judgments final for purposes of appeal can be rendered on certain discrete issues.'") (quoting Lehmann, 39 S.W.3d at 192); see also Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995). Accordingly, the appeal is retained on this court's docket.
The appellant's brief is due to be filed in this court within thirty days (30) from the date of this order.