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In re Estate of Rodriguez

State of Texas in the Fourteenth Court of Appeals
Aug 13, 2020
NO. 14-19-00146-CV (Tex. App. Aug. 13, 2020)

Opinion

NO. 14-19-00146-CV

08-13-2020

IN THE ESTATE OF ESTANISLADA RODRIGUEZ, DECEASED


On Appeal from the County Court at Law No. 3 Fort Bend County, Texas
Trial Court Cause No. 12-CPR-025070

MEMORANDUM OPINION

This is an attempted appeal from an order signed February 1, 2019, for the dependent administrator Terry Garcia to pay attorney's fees and expenses. On July 15, 2020, this court informed the parties that it would consider dismissal of the appeal on its own motion for want of jurisdiction, see Tex. R. App. P. 42.3(a), because the record reflects that the order is interlocutory and not appealable under Dumitrov v. Hitt, 601 S.W.2d 472, 473 (Tex. App.—Houston [14th Dist.] 1980, writ ref'd n.r.e.) (applying the predecessor of Tex. Estates Code § 352.051; reasoning that the "approval of such an expense by the probate court is not a final judgment; that order may be reviewed and corrected in a settlement of the final account").

This court notified the parties that the appeal would be dismissed unless any party filed a response on or before July 27, 2020, showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(c). No party filed a response.

Accordingly, we dismiss the appeal.

PER CURIAM Panel consists of Justices Christopher, Wise, and Zimmerer.


Summaries of

In re Estate of Rodriguez

State of Texas in the Fourteenth Court of Appeals
Aug 13, 2020
NO. 14-19-00146-CV (Tex. App. Aug. 13, 2020)
Case details for

In re Estate of Rodriguez

Case Details

Full title:IN THE ESTATE OF ESTANISLADA RODRIGUEZ, DECEASED

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 13, 2020

Citations

NO. 14-19-00146-CV (Tex. App. Aug. 13, 2020)