in the Estate of Victoria Goswami ( 2019 )

DISMISS; and Opinion Filed August 23, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00208-CV
IN THE ESTATE OF VICTORIA GOSWAMI, DECEASED
On Appeal from the Probate Court No. 2
Dallas County, Texas
Trial Court Cause No. PR-17-02806-2
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Nowell
Opinion by Justice Brown
Martino Rivaplata and Julia Rivasplata appeal from the probate court’s order denying
their counter-application to determine heirship. We questioned our jurisdiction over this appeal
because there did not appear to be an appealable order. At the Court’s direction, the parties filed
letter briefs addressing the Court’s jurisdictional concern.
Probate proceedings may have multiple judgments that are final for purposes of appeal.
See De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006). A judgment in a proceeding to
declare heirship is a final judgment. See TEX. ESTATES CODE ANN. § 202.202. A final judgment
in a proceeding to declare heirship must include the names of the heirs of the decedent and the
heirs’ respective shares and interests in the decedent’s property. See id. § 202.201(a)(1), (2).
In this case, Eduardo Renteria filed an application to determine heirship listing six heirs
of decedent. Rivaplata and Rivasplata filed their counter-application to determine heirship. On
January 27, 2019, the probate court signed an order denying their counter-application. This
order, however, does not constitute a final judgment in the heirship proceeding because it fails to
name the heirs and provide the respective interests of the heirs in the decedent’s property. See
id. § 202.201(a). Although the probate court denied the counter-application to determine
heirship, Renteria’s application to determine heirship remains pending. Nothing in appellants’
letter brief supports this Court’s jurisdiction over this appeal.
The appealed order does not finally dispose of the heirship proceeding and is, therefore
not reviewable on appeal. Accordingly, we dismiss this appeal for want of jurisdiction and all
pending motions. See TEX. R. APP. P. 42.3(a).
/Ada Brown/
ADA BROWN
JUSTICE
190208F.P05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE ESTATE OF VICTORIA On Appeal from the Probate Court No. 2,
GOSWAMI, DECEASED Dallas County, Texas
Trial Court Cause No. PR-17-02806-2.
No. 05-19-00208-CV Opinion delivered by Justice Brown. Justices
Bridges and Nowell participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees Eduardo Renteria and Marisela Olivares recover their
costs of this appeal from appellants Martino Rivaplata and Julia Margarita Rivasplata.
Judgment entered this 23rd day of August, 2019.
–3–