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Published byDerick Bryant Modified over 9 years ago
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Not since 1975.
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Final orders appealable to Court of Appeals PC § 4A(c); EC 32.001(c) Who may appeal? What is a final order?
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Landmark Texas Supreme Court case from 1995.
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When final = “If there is an express statute * * * declaring the phase of the probate proceedings to be final and appealable, that statute controls.”
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“Otherwise, if there is a proceeding of which the order in question may logically be considered a part, but one or more pleadings also part of that proceeding raise issues or parties not disposed of, then the probate order is interlocutory.”
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“For appellate purposes, it may be made final by a severance order, if it meets the severance criteria * * *. A severance order avoids ambiguities regarding whether the matter is appealable. Litigants can and should seek a severance order either with the judgment disposing of one party or group or parties, or seek severance as quickly as practicable after the judgment.”
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General rule = appeal bond not need if appeal is taken by the personal representative. Exception = if the appeal personally concerns the personal representative.
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Who = any interested party Where filed = court where original decision made Purpose = get decision revised and corrected upon showing of error Time limit = two years from date of decision
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What is “error”? Appellate courts say “substantial error”: Trial court acted in direct derogation of a specific, non-discretionary statutory provision, or Trial court improperly performed a discretionary act.
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