in the Estate of Maria Elena Webb ( 2022 )

Order entered October 7, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00673-CV
IN THE ESTATE OF MARIA ELENA WEBB, DECEASED
On Appeal from the Probate Court No. 2
Dallas County, Texas
Trial Court Cause No. PR-20-01506-2
ORDER
Before Justices Molberg, Pedersen, III, and Goldstein
Before the Court are appellant’s (1) July 21, 2022 emergency motion to stay
effect of July 1, 2022 order authorizing sale of estate real property and for
authority to execute listing agreement; (2) September 21, 2022 emergency motion
to stay decree confirming sale of real property; (3) September 29, 2022 emergency
motion for immediate relief from decree confirming sale; (4) October 4, 2022
motion for leave to consider her September 29 emergency motion as her
jurisdictional letter brief; and, (5) October 5, 2022 renewed request for emergency
relief and request to extend applicable appellate deadlines. The property at issue in
each of the emergency motions is decedent’s house, which is part of decedent’s
estate and where appellant and her husband reside. Decedent’s estate is subject to
a pending administration.
We note the motions have been pending while the parties filed jurisdictional
briefing as the appeal was originally filed from a non-appealable interlocutory
order–the July 1 order authorizing sale. See TEX. EST. CODE ch. 356 (governing
sales of estate property and describing steps involved, beginning with application
to authorize sale and concluding with order approving or disapproving of report of
sale). Although appellant’s September 21 and 29 motions averred the probate court
had signed a decree confirming the sale of the property and sought relief from the
decree, the motions did not include a copy of the decree and the Dallas County
online docket did not then reflect the probate court had signed the decree. See id. §
356.556(c) (providing that order approving or disapproving of report of sale has
effect of final judgment and is appealable). The online docket, however, now
reflects the decree has been signed and appellant has attached a copy of the decree
to her October 5 motion. Accordingly, we have jurisdiction over the appeal, retract
our directive to file jurisdictional briefing, and DENY as moot appellant’s October
4 motion for leave to consider the September 29 motion as her jurisdictional letter
brief.
In light of the decree confirming sale, we DENY the July 21 motion as
moot. And, because nothing before us reflects appellant has superseded the decree
confirming sale, see TEX. R. APP. P. 24.1, we DENY the September 21 and
September 29 motions as well as the October 5 motion to the extent it renews the
request for emergency relief.
We DIRECT Dallas County Clerk John F. Warren and Lisabeth Kellett,
Official Court Reporter for Probate Court No.2, to file their respective records no
later than October 31, 2022 and DENY as moot appellant’s October 5 motion to
the extent it requests an extension of applicable appellate deadlines.
A copy of this order shall be sent to Mr. Warren; Ms. Kellett; and, the
parties.
/s/ BILL PEDERSEN, III
JUSTICE