Steven B. Aubrey, Individually, and as Beneficiary Of, on Behalf Of, and for The Benefit of the Aubrey Family Trust v. United Heritage Credit Union Wilford P. Schroeder, Jr. Betsy S. Aubrey, Individually and as Trustee and Income Beneficiary of the Aubrey Family Trust Richard B. Aubrey, Jr., Individually, and as Remainder Beneficiary of the Aubrey Family Trust
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00232-CV
Steven B. Aubrey, Individually, and as Beneficiary of, on behalf of, and for the
benefit of the Aubrey Family Trust, Appellant
v.
United Heritage Credit Union; Wilford P. Schroeder, Jr.; Betsy S. Aubrey,
Individually and as Trustee and Income Beneficiary of the Aubrey Family Trust;
Richard B. Aubrey, Jr., Individually, and as Remainder Beneficiary of the Aubrey Family
Trust; and Thomas A. Aubrey, Remainder Beneficiary of the Aubrey Family Trust,
Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. D-1-GN-15-003836, HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Steven B. Aubrey filed a notice of appeal on April 4, 2016, from the
judgment “signed on January 20, 2016.” The clerk’s record reflects that the trial court signed an
order denying appellant’s motion to disqualify appellee Betsy S. Aubrey’s legal counsel on that date.
On June 28, 2016, Betsy S. Aubrey filed a motion to dismiss this appeal for lack of
jurisdiction because the trial court’s order denying appellant’s motion to disqualify is not final or an
appealable interlocutory order. See Tex. Civ. Prac. & Rem. Code § 51.014 (authorizing specified
appeals from interlocutory orders); Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.
2001) (“A party may not appeal an interlocutory order unless authorized by statute.”). This Court
requested a response from appellant as to the motion to dismiss. Appellant filed a letter with this
Court, but he did not provide a basis for this Court’s jurisdiction over the interlocutory order denying
his motion to disqualify. Accordingly, we grant Betsy S. Aubrey’s motion to dismiss this appeal for
lack of jurisdiction.
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Rose, Justices Goodwin and Bourland
Dismissed for Want of Jurisdiction
Filed: July 12, 2016
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