COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-288-CV
THE ESTATE OF JOHN AROON
SOOKMA, DECEASED
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FROM PROBATE COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Julia A. Sookma attempts to appeal from the trial court’s orders
signed on January 8, 2008; January 17, 2008; February 1, 2008; and February
5, 2008. According to the trial court clerk, the trial court did not sign any
orders on January 17, 2008 or February 5, 2008. The trial court’s January 8
and February 1 orders authorized the county clerk to invest disputed funds on
deposit with the county clerk in interest-bearing accounts and thus do not
appear to be final appealable orders. See T EX. P ROB. C ODE A NN. § 5(g) (Vernon
Supp. 2008); Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995)
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… See T EX. R. A PP. P. 47.4.
(stating that if there is an express statute declaring the phase of the probate
proceedings to be final and appealable, that statute controls; otherwise, if there
is a proceeding of which the order 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).
On July 11, 2008, we notified Sookma of our concern that we lacked
jurisdiction over this appeal and stated that we would dismiss the appeal unless
Sookma or any party desiring to continue the appeal filed on or before July 21,
2008 a response showing grounds for continuing the appeal. See T EX. R. A PP.
P. 42.3. We received no response.
Accordingly, because the trial court’s January 8 and February 1 orders are
not final, appealable orders, we dismiss this appeal for want of jurisdiction. See
T EX. R. A PP. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: WALKER, GARDNER, and MCCOY, JJ.
DELIVERED: August 7, 2008
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