in Re Fry Sons Ranch, Inc., and James Andy Fry ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00682-CV
In re Fry Sons Ranch, Inc. and James Andy Fry
ORIGINAL PROCEEDING FROM BURNET COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus complaining of the trial court’s
order granting right of partition. Having reviewed the petition and the record provided, we deny
the petition for writ of mandamus and the motion for temporary relief. See Tex. R. App.
P. 52.8(a); see also Griffin v. Wolfe, 610 S.W.2d 466, 466-67 (Tex. 1980) (per curiam) (“A
partition case, unlike other proceedings, has two final judgments, and the first one is appealable
as a final judgment.”); Yturria v. Kimbro, 921 S.W.2d 338, 342 (Tex. App.—Corpus Christi
1996, no writ) (“The trial court’s initial decree determining partitionability and appointing
commissioners, although often referred to as an interlocutory decree, is a final and appealable
order which is conclusive of all matters decreed within it.”).
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Baker, and Kelly
Filed: October 3, 2019
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