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 Not since 1975.  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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Presentation on theme: " Not since 1975.  Final orders appealable to Court of Appeals PC § 4A(c); EC 32.001(c)  Who may appeal?  What is a final order?"— Presentation transcript:

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2  Not since 1975.

3  Final orders appealable to Court of Appeals PC § 4A(c); EC 32.001(c)  Who may appeal?  What is a final order?

4  Landmark Texas Supreme Court case from 1995.

5  When final = “If there is an express statute * * * declaring the phase of the probate proceedings to be final and appealable, that statute controls.”

6  “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.”

7  “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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9  General rule = appeal bond not need if appeal is taken by the personal representative.  Exception = if the appeal personally concerns the personal representative.

10  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

11  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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