in the Estate of Alvilda Mae Aguilar ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00250-CV
IN THE ESTATE OF ALVILDA MAE AGUILAR, Deceased
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2012-PC-2802
Honorable Tom Rickhoff, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: July 20, 2016
DISMISSED FOR LACK OF JURISDICTION
Anthony C. Aguilar and Michael A. Aguilar sought to appeal the probate court’s January
27, 2016 Order Approving Final Account. After reviewing the record and appellant’s arguments,
we concluded the trial court’s January 27, 2016 order was not final and that this court lacks
appellate jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); In re
Estate of Scott, 364 S.W.3d 926, 927 (Tex. App.—Dallas 2012, no pet.); Bozeman v. Kornblit, 232
S.W.3d 261 (Tex. App.—Houston [1st Dist.] 2007, no pet.).
We conditionally granted the Aguilars’ request to construe their notice of appeal as a
petition for a writ of mandamus and ordered them to file a petition complying with rule 52.3 of the
Texas Rule of Appellate Procedure by July 7, 2016. We advised appellants that failure to comply
with our order would result in this proceeding being dismissed for lack of jurisdiction. The
04-16-00250-CV
Aguilars have not filed a petition for a writ of mandamus, but filed instead an unopposed motion
to dismiss the appeal. We therefore dismiss this appeal for lack of jurisdiction.
PER CURIAM
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