in the Guardianship of Shelley Thomson A/ka Shelley Sue Thomson, an Incapacitated Person ( 2020 )

NUMBERS 13-19-00517-CV, 13-20-00378-CV, 13-20-00379-CV,
13-20-00380-CV & 13-20-00381-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE GUARDIANSHIP OF SHELLEY THOMSON A/K/A
SHELLEY SUE THOMSON, AN INCAPACITATED PERSON
On appeal from the County Court at Law
of Comal County, Texas.
ORDER
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
Appellants Jo Ann Rivera, Shelly Thompson, and Philip Ross, filed notices of
appeal in appellate cause number 13-19-00517-CV from several judgments entered on
May 31, 2019, July 17, 2019, August 19, 2019, and October 31, 2019, by the County
Court of Comal County, Texas, in a guardianship proceeding. Selene Smith joined
appellants’ notice of appeal of the October 31, 2019 order.
As a general rule, appeals may be taken only from final judgments. In re
Guardianship of Glasser, 297 S.W.3d 369, 372 (Tex. App.—San Antonio 2009, no pet.)
(citing Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)). However, probate
and guardianship proceedings are often exceptions to the “one final judgment” rule. In re
Guardianship of Benavides, 403 S.W.3d 370, 374 (Tex. App.—San Antonio 2013, pet.
denied) (citing De Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006)). “In probate and
guardianship proceedings, ‘multiple judgments final for purposes of appeal can be
rendered on certain discrete issues.’” See id. Thus, we must determine whether each
order challenged in this appeal finally disposed of all issues raised in the trial court which
ended a discrete phase of the guardianship proceedings making the order final for
purposes of appeal and whether the appellants timely filed a notice of appeal for each of
the trial court’s orders. See id. (citing Logan v. McDaniel, 21 S.W.3d 683, 689 (Tex. App.
—Austin 2000, pet. denied)).
Accordingly, the appeal with respect to the May 31, 2019 order is hereby
SEVERED from cause number 13-19-00517-CV and placed into appellate cause number
13-20-00378-CV styled In The Guardianship of Shelley Thompson a/k/a Shelley Sue
Thompson, an Incapacitated Person, the appeal of the July 17, 2019 order is hereby
SEVERED from cause number 13-19-00517-CV and placed into appellate cause number
13-20-00379-CV, styled In The Guardianship of Shelley Thompson a/k/a Shelley Sue
Thompson, an Incapacitated Person. Furthermore, the appeal of the August 19, 2019
order is hereby SEVERED from cause number 13-19-00517-CV and placed into appellate
cause number 13-20-00380-CV, styled In The Guardianship of Shelley Thompson a/k/a
Shelley Sue Thompson, an Incapacitated Person.
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In addition, Smith is not a party to the October 31, 2019 order; therefore, we hereby
SEVER Smith’s attempted appeal of the October 31, 2019 order in cause number 13-19-
000517-CV and place Smith’s attempted appeal into appellate cause number 13-20-
00381-CV.
The appeal with respect to appellants Jo Ann Rivera, Shelly Thompson, and Philip
Ross of the October 31, 2019 order remains docketed under the original cause number
13-19-00517-CV and will proceed in due course.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
10th day of September, 2020.
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