in the Estate of Eugene Darwin Knies

Dismissed; Opinion Filed October 30, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00919-CV
IN THE ESTATE OF EUGENE DARWIN KNIES, DECEASED
On Appeal from the Collin County Probate Court
Collin County, Texas
Trial Court Cause No. PB1-1781-2016
MEMORANDUM OPINION
Before Justices Myers, Evans, and Brown
Opinion by Justice Myers
Appellant Pamela R. Hieb appeals the trial court’s May 14, 2018 order awarding appellee
Michael D. Curran $1,500 in attorney’s fees. By letter dated August 30, 2018, we questioned our
jurisdiction over this appeal. Specifically, we raised concern about whether the trial court acted
within its plenary power when it signed the May 14, 2018 order, five months after dismissing the
cause with prejudice. We directed appellant and appellee to file letter briefs regarding our
jurisdiction. After consideration of those briefs, we dismiss this appeal for want of jurisdiction.
Kellie Cook initiated this litigation by filing an application for probate of a will. Hieb
filed a will contest, after which time her attorney served a subpoena duces tecum on Curran, the
decedent’s attorney. Curran filed a Motion to Quash Subpoena Duces Tecum and Motion to
Deposit Funds in the Registry of the Court. The motion to deposit funds requested that Hieb be
required to deposit $10,000 into the registry of the court to cover legal expenses Curran incurred
in responding to the subpoena and any future time he might spend on the matter.
On October 3, 2017, the trial court held a hearing on the motion. It appears Curran
produced documents responsive to the subpoena at that time. In any event, at that hearing or
shortly thereafter Curran did not secure a written order disposing of his motion to quash or his
motion to require Hieb to deposit funds in to the registry of the Court.
Cook and Hieb subsequently settled their disputes and, as a result, Cook filed a motion to
dismiss her application to probate the will with prejudice. On December 13, 2017, the trial court
signed an order dismissing the “cause” with prejudice. The trial court’s order disposed of all the
parties and issues for which the proceeding was brought. Thus, it was a final judgment. See In re
Barrera, 05-17-00774-CV, 2017 WL 3614145, at *1 (Tex. App.—Dallas Aug. 23, 2017, no pet.)
(order disposing of all parties and issues for which particular part of probate proceeding was
brought is final and appealable). Because no party filed any post-judgment motions, the trial
court’s plenary jurisdiction expired thirty days later. See TEX. R. CIV. P. 329b(d); see also In re
Jacky, 506 S.W.3d 550, 555 (Tex. App.—Houston [1st Dist.] 2016, no pet.). Nevertheless, on
May 14, 2018, nearly four months after its plenary jurisdiction expired, the trial court signed an
order awarding Curran the attorney’s fees he incurred in responding to the subpoena duces tecum.
Judicial action taken after the expiration of the court’s jurisdiction is a nullity, and any
orders signed outside the court’s plenary jurisdiction are void. Malone v. Hampton, 182 S.W.3d
465, 468 (Tex. App.—Dallas 2006, no pet.). We have no jurisdiction to consider the merits of an
appeal from a void order. Freedom Commc’ns, Inc. v. Coronado, 372 S.W.3d 621, 623 (Tex.
2012). When a party appeals a void order, we should declare the order void and dismiss the appeal
for want of jurisdiction. See State ex rel. Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995);
Cleburne Foods, LLC v. Zawideh, 05-18-00436-CV, 2018 WL 3968486, at *2 (Tex. App.—Dallas
Aug. 20, 2018, no pet. h.); McClellan v. HICA Educ. Loan Corp. ex rel. Sallie Mae, Inc., 312
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S.W.3d 291, 293 (Tex. App.—Dallas 2010, no pet.). Consequently, we declare the trial court’s
May 14, 2018 order void and dismiss this appeal for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
180919F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE ESTATE OF EUGENE DARWIN On Appeal from the Collin County Probate
KNIES, DECEASED Court, Collin County, Texas
Trial Court Cause No. PB1-1781-2016.
No. 05-18-00919-CV Opinion delivered by Justice Myers.
Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, we VACATE the trial court’s May
14, 2018 judgment and DISMISS the appeal for want of jurisdiction.
It is ORDERED that appellant Pamela R. Hieb recover her costs of this appeal from
appellee Michael D. Curran.
Judgment entered this 30th day of October, 2018.
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