The Guardianship of Dalton Homer Cobb, Jr., an Incapacitated Person v. the State of Texas

Summary

The Texas Court of Appeals for the Second District dismissed the appeal for want of jurisdiction. The court held that the probate court’s order setting aside approval of a mediated settlement agreement in a divorce proceeding was interlocutory because it did not dispose of a particular phase of the guardianship proceeding. The court also explained that a guardianship does not automatically terminate upon the ward’s death.

Holdings

1. The order was interlocutory because it did not dispose of a particular phase of the guardianship proceeding.
2. The court of appeals lacked jurisdiction over the appeal and dismissed it for want of jurisdiction.

Questions Presented

1. Whether the probate court's order setting aside its earlier approval of a mediated settlement agreement was a final and appealable order in the guardianship proceeding.
2. Whether the court of appeals had jurisdiction over the appeal under the final-judgment rule or a statutory interlocutory-appeal provision.

Disposition

dismissed