Estate of George Lee Mabe ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00559-CV
Estate of George Lee MABE, Deceased
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2012-PC-0373
Honorable Polly Jackson Spencer, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: December 28, 2012
DISMISSED FOR LACK OF JURISDICTION
Appellant Hermelinda Garza seeks to appeal an order denying her motion to dismiss “all
pleadings and complaints” filed by the opposing party in the underlying probate proceeding.
Appellate courts have jurisdiction over appeals from final judgments and appeals from certain
designated interlocutory orders. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001) (“[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be
taken only from a final judgment.”); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2008)
(designating appealable interlocutory orders); see also Crowson v. Wakeham, 897 S.W.2d 779,
783 (Tex. 1995) (explaining final orders in probate proceedings). In this appeal, the order
appellant seeks to appeal is neither a final judgment, nor an appealable interlocutory order. We,
therefore, ordered appellant to show cause in writing why this appeal should not be dismissed for
04-12-00559-CV
lack of jurisdiction. Appellant’s response to our order does not direct us to any statutory or other
authority that would allow appellant to appeal an interlocutory order denying a motion to dismiss
in a probate proceeding. We, therefore, dismiss this appeal for lack of jurisdiction. All motions
pending in this appeal are dismissed as moot.
PER CURIAM
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