Court of Civil Appeals of Texas, 2024

In the Matter of the Estate of Leona Rider v. the State of Texas

In the Matter of the Estate of Leona Rider v. the State of Texas
Court of Civil Appeals of Texas · Decided August 29, 2024

In the Matter of the Estate of Leona Rider v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-24-00196-CV __________________

IN THE MATTER OF THE ESTATE OF LEONA RIDER __________________________________________________________________ On Appeal from the Probate Court No. 1 Montgomery County, Texas Trial Cause No. 10-27376-P __________________________________________________________________ MEMORANDUM OPINION On May 24, 2024, Appellant, Arliss L. Linder, Jr., filed a notice of appeal from an order denying a funds transfer, which the trial court signed on April 3, 2024.

The notice of appeal does not state that the appeal is being taken from a final order or from an order that may be appealed in an accelerated appeal. On August 1, 2024, the Clerk of the Court issued a notice that the order being appealed is neither a final judgment nor an appealable order. The notice warned the parties that the appeal would be dismissed for lack of jurisdiction unless the Court received a response showing a ground for continuing the appeal.

Generally, in civil cases appellate courts review only final judgments and interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal from an interlocutory order may proceed as an accelerated appeal “when allowed by statute[.]” See Tex. R. App. P. 28.1(a). The appellant has failed to comply with the notice from the clerk requiring action within a specified time. See id. 42.3(c). Linder failed to file a response or identify a final judgment or a written order from which an appeal is authorized by law. Accordingly, we dismiss the appeal. See id. 42.3(a), (c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 28, 2024 Opinion Delivered August 29, 2024 Before Golemon, C.J., Johnson and Wright, JJ.

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