Opinion
No. 04-13-00005-CV
05-08-2013
Jerry VALDEZ, Appellant v. US SPECIALTY INSURANCE CO., Appellee
From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2007-PC-2303
Honorable Tom Rickhoff, Judge Presiding
ORDER
Appellant seeks to appeal an "Order to Interplead Funds and Other Related Relief" signed on October 4, 2012 in the underlying probate proceeding which is on-going. We issued an order directing appellant to show cause in writing why the October 4, 2012 order is not interlocutory given the absence of a severance order, and why this appeal should not be dismissed for lack of jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).
After considering appellant's response, we agree that the order at issue discharged appellee U.S. Specialty Insurance Co. from any further liability or obligation upon its interpleader into the court registry of the disputed funds pertaining to its Supersedeas Bond No. 000-835-788, and awarded attorney's fees and costs to U.S. Specialty Insurance Co. Therefore, the October 4, 2012 order concluded a discrete phase of the underlying probate proceeding, and is accordingly a final, appealable order. See TEX. PROBATE CODE ANN. § 4A(c) (West Supp. 2012); De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006) (probate proceedings are an exception to the "one final judgment" rule, and may have multiple orders or judgments final for purposes of appeal on certain discrete issues); see also In re Estate of Padilla, 103 S.W.3d 563, 565-66 (Tex. App.—San Antonio 2003, no pet.); Logan v. McDaniel, 21 S.W.3d 683, 688-89 (Tex. App.—Austin 2000, pet. denied).
Because we conclude that we have jurisdiction over this appeal, it is ORDERED that this appeal is retained on the court's docket. The appellant's brief is due thirty (30) days after the date of this order.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of May, 2013.
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Keith E. Hottle
Clerk of Court