Summary
The Thirteenth Court of Appeals of Texas dismissed an appeal from an order generally authorizing the sale of real property in a probate proceeding. The court held that the order was interlocutory and not appealable because the Estates Code provides for review after the probate court approves or disapproves the administrator’s report of sale, and no such report or final approval appeared in the record.
Holdings
- An order granting a dependent administrator general authority to sell estate real property is interlocutory and not immediately appealable when the administrator has not filed a report seeking final approval of a sale and the probate court has not approved or disapproved the sale.
Questions Presented
- Whether an order generally authorizing a dependent administrator to sell estate real property is final and immediately appealable when no report of sale has been filed and no sale has been finally approved or disapproved.
Disposition
dismissed
Cases Cited (9)
- Bonsmara Nat. Beef Co. v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 387 (Tex. 2020)(followed)
- In re Guardianship of Jones, 629 S.W.3d 921, 924 (Tex. 2021)(followed)
- Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995)(followed)
- De Ayala v. Mackie, 193 S.W.3d 575, 578–79 (Tex. 2006)(followed)
- In re Est. of Bendtsen, 229 S.W.3d 845, 848 (Tex. App.—Dallas 2007, no pet.)(followed)
- In re Guardianship of Landgrebe, No. 13-20-00476-CV, 2020 WL 7294613, at *2–3 (Tex. App.—Corpus Christi–Edinburg Dec. 10, 2020, pet. denied) (mem. op.)(followed)
- In re Est. of Hill, No. 09-13-00022-CV, 2013 WL 6044404, at *2 (Tex. App.—Beaumont Nov. 14, 2013, no pet.) (mem. op.)(followed)
- Rawlins v. Weaver, 317 S.W.3d 512, 514 (Tex. App.—Dallas 2010, no pet.)(followed)
- Okumu v. Wells Fargo Bank, N.A., No. 02-09-00384-CV, 2010 WL 87735, at *3 (Tex. App.—Fort Worth Jan. 7, 2010, no pet.) (mem. op.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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