Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00561-CV
IN RE ESTATE OF GEORGE LEE MABE, Deceased
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2012-PC-0373
Honorable Polly Jackson Spencer, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: March 13, 2013
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a notice of appeal on August 30, 2012 indicating her intent to appeal an
“Order on Motion to Compel Discovery Responses” signed on August 17, 2012 in the
underlying probate proceeding. Having determined that the order appeared to be interlocutory,
we ordered appellant to show cause in writing why this appeal should not be dismissed for lack
of jurisdiction. Appellant responded by filing several documents, none of which addressed the
jurisdictional issue. Appellee filed a response requesting that the appeal be dismissed for want of
jurisdiction because the order sought to be appealed is interlocutory. The appellate record
confirms that the August 17, 2012 order is interlocutory in that it does not dispose of all pending
claims and parties in the pending probate proceeding, and no severance order appears in the
record. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har-
04-12-00561-CV
Con Corp., 39 S.W.3d 191, 200 (Tex. 2001) (judgment that does not dispose of all parties and
causes of action is not final and appealable). Further, this type of interlocutory order is not
included within section 51.014 of the Civil Practice and Remedies Code as an order from which
an interlocutory appeal is authorized. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014. Therefore,
we must dismiss the appeal. Lehmann, 39 S.W.3d at 200. Accordingly, this appeal is dismissed
for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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