In the Estate of James E. Farmer A/K/A Pete Farmer

Summary

The Ninth District Court of Appeals of Texas dismissed an appeal from an interlocutory probate order for lack of jurisdiction. The court held that the order did not dispose of claims concerning probate assets or attorneys’ fees and therefore did not conclude a discrete phase of the probate proceedings.

Holdings

1. The order was interlocutory and not subject to immediate appeal because it did not dispose of all issues in a particular phase of the probate proceedings.
2. The Court of Appeals lacked jurisdiction over the interlocutory order and dismissed the appeal without reaching the merits.

Questions Presented

1. Whether the trial court's partial summary-judgment order was final and immediately appealable in the probate proceeding.
2. Whether the appellate court had jurisdiction when the order did not dispose of all issues in a particular phase of the probate proceedings.

Disposition

dismissed