Estate of Michael John Phillips ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00284-CV
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IN THE ESTATE OF MICHAEL JOHN PHILLIPS
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On Appeal from the County Court
Tyler County, Texas
Trial Cause No. PR-09605
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ORDER
On September 1, 2021, the trial court signed an interlocutory order, which
identifies a controlling question of law that, if resolved now, may materially advance
the ultimate resolution of the lawsuit should this Court decide to grant the request
and allow the matter to be argued by interlocutory appeal. See Tex. Civ. Prac. &
Rem. Code Ann. § 51.014(d) (Supp.); see also Tex. R. Civ. P. 168. On September
15, 2021, Richard Scott Stanley asked this Court for permission to appeal the
interlocutory order the trial court signed on September 1, 2021. See Tex. R. App. P.
28.3(a). The remaining party in the case, James Patrick Phillips, as Independent
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Administrator and sole heir of the Estate of Michael John Phillips, Deceased, did not
object to Stanley’s request. See Tex. R. App. P. 28.3(f).
The Court grants Stanley’s petition seeking review through a permissive
appeal of the trial court’s order of September 1, 2021. See Tex. R. App. P. 28.3(k).
We deem the notice of appeal to have been filed as of the date the Court renders this
Order. Id. The record is due October 22, 2021. The brief of the appellant is due
twenty days after the record is filed. See Tex. R. App. P. 38.6(a). The appellee’s brief
is due twenty days after the appellant files his brief. See Tex. R. App. P. 38.6(b). The
Clerk of the Court shall file a copy of this Order with the trial court’s clerk. See Tex.
R. App. P. 28.3(k).
ORDER ENTERED October 12, 2021.
PER CURIAM
Before Golemon, C.J., Kreger and Horton, JJ.
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