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Lawson v. Kobobel

Court of Appeals of Texas, Fourteenth District
Aug 22, 2024
No. 14-24-00132-CV (Tex. App. Aug. 22, 2024)

Opinion

14-24-00132-CV

08-22-2024

SHACONA LAWSON, Appellant v. DIANA J. KOBOBEL, Appellee


On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Cause No. 492538-402

Panel consists of Justices Spain, Poissant, and Wilson.

MEMORANDUM OPINION

PER CURIAM.

The record indicates that this appeal arises from a probate proceeding under Estates Code sections 32.005 and 31.002(c). According to the appellate record, the order granting the traditional motion for summary judgment was part of one phase of related litigation brought in the probate proceeding. Tex. Est. Code Ann. §§ 31.002(c), 32.005. The order granting summary judgment was signed January 12, 2024.

In a probate proceeding, a party may appeal an order disposing of all issues and parties of a particular phase. See De Ayala v. Mackie, 193 S.W.3d 575, 578-79 (Tex. 2006). According to the record, the order granting summary judgment neither disposes of appellee's claims for attorney's fees, nor does the record indicate that the claim for attorney's fees has been abandoned by appellee. It appears that the summary-judgment order is not a final order for purposes of Estates Code section 32.001(c) because it does not dispose of the attorney's fee claim that is part of that phase. Tex. Est. Code Ann. § 31.001(c).

On July 25, 2024, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of subject-matter jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before August 5, 2024. See Tex. R. App. P. 42.3(a). Appellant's response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, we dismiss the appeal for want of subject-matter jurisdiction.


Summaries of

Lawson v. Kobobel

Court of Appeals of Texas, Fourteenth District
Aug 22, 2024
No. 14-24-00132-CV (Tex. App. Aug. 22, 2024)
Case details for

Lawson v. Kobobel

Case Details

Full title:SHACONA LAWSON, Appellant v. DIANA J. KOBOBEL, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Aug 22, 2024

Citations

No. 14-24-00132-CV (Tex. App. Aug. 22, 2024)