in the Matter of the Guardianship of Charles Inness Thrash ( 2019 )


Menu:
  •                             Fourth Court of Appeals
    San Antonio, Texas
    August 14, 2019
    No. 04-19-00477-CV
    IN THE MATTER OF THE GUARDIANSHIP OF CHARLES INNESS THRASH
    From the Probate Court No 1, Bexar County, Texas
    Trial Court No. 2017-PC-2912
    Honorable Oscar J. Kazen, Judge Presiding
    ORDER
    In the trial court, appellants filed several notices of appeal challenging numerous orders
    the trial court signed. Generally, in civil cases, there is only one final appealable judgment. De
    Ayala v. Mackie, 
    193 S.W.3d 575
    , 578 (Tex. 2006). “Probate proceedings are an exception to the
    ‘one final judgment’ rule; in such cases, ‘multiple judgments final for purposes of appeal can be
    rendered on certain discrete issues.’” 
    Id. “Not every
    interlocutory order in a probate case is
    appealable, however, and determining whether an otherwise interlocutory probate order is final
    enough to qualify for appeal, has proved difficult.” 
    Id. This court
    has the jurisdiction and obligation to ensure it has appellate jurisdiction over
    each appeal. See Hous. Mun. Employees Pension Sys. v. Ferrell, 
    248 S.W.3d 151
    , 158 (Tex.
    2007). And, we routinely check appeals for jurisdiction. See Fourth Court of Appeals Internal
    Operating Procedures for the Handling of Cases, 7.c. To assist this court in determining whether
    we have appellate jurisdiction over all parts of this appeal, we ORDER appellants to file, within
    15 days of this order, a response to this order, with appropriate citations to the clerk’s record,
    stating: (1) each order they seek to appeal; (2) for each appealed order, the date the appealed
    order was signed by the trial court and the date the relevant notice of appeal challenging that
    order was filed; and (3) a short and plain statement, with citation to applicable authority,
    explaining why the appealed order is an appealable order in a probate proceeding.
    Appellants are advised that a failure to timely and satisfactorily respond to this order may
    result in the dismissal of this appeal without further notice. See TEX. R. APP. P. 42.3(a), (c).
    _________________________________
    Luz Elena D. Chapa, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 14th day of August, 2019.
    ___________________________________
    Keith E. Hottle,
    Clerk of Court
    

Document Info

Docket Number: 04-19-00477-CV

Filed Date: 8/14/2019

Precedential Status: Precedential

Modified Date: 8/15/2019