Estate of John David Harris, Deceased

No. 02-13-00294-CV · Court of Appeals of Texas, Second District of Texas, Fort Worth · October 3, 2013 · No. No. 02-13-00294-CV

Summary

The Texas Court of Appeals, Second District, dismissed David Glen Harris’s appeal from an order denying his motions for appointment of counsel in a probate proceeding. The court held that the order was not a final judgment or an appealable interlocutory order and therefore dismissed the appeal for want of jurisdiction.

Holdings

  1. An order denying motions for appointment of counsel in this probate proceeding was neither a final judgment nor an appealable interlocutory order, so the court of appeals lacked jurisdiction and was required to dismiss the appeal.

Questions Presented

  1. Whether the probate court's order denying motions for appointment of counsel was a final judgment or an appealable interlocutory order.
  2. Whether the court of appeals had subject-matter jurisdiction over the appeal.

Disposition

dismissed

Cases Cited (3)

  • Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)(followed)
  • Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995)(followed)
  • Okumu v. Wells Fargo Bank, N.A., No. 02-09-00384-CV, 2010 WL 87735, at *1 (Tex. App.—Fort Worth Jan. 7, 2010, no pet.) (mem. op.)(followed)

Cited In (0)

No citing cases on record yet.

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