Chinara Butler, Individually and as Independent Administratrix of the Estate of Chad Butler v. Byron Hill D/B/A Nomad

In The

Court of Appeals

Ninth District of Texas at Beaumont ________________

NO. 09-09-00396-CV _____________________

CHINARA BUTLER, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATRIX OF THE ESTATE OF CHAD BUTLER, Appellant

V.

BYRON HILL D/B/A NOMAD, Appellee

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On Appeal from the County Court Jefferson County, Texas Trial Cause No. 96118

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MEMORANDUM OPINION

Appellant, Chinara Butler, individually and as independent administrator of the Estate of Chad Butler, filed a notice of appeal. We questioned our jurisdiction of the appeal and requested from appellant a response identifying the order that ended the discrete phase of the probate proceedings, or identifying an appealable order. We did not receive a response.

It appears this Court lacks jurisdiction over the appeal. To the extent this appeal relates to the order that this Court required be vacated in a separate mandamus proceeding, this appeal is moot. The appeal is dismissed.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered December 17, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.