In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-19-00214-CV
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ESTATE OF JOHN DAVID HARRIS, DECEASED
On Appeal from Probate Court No. 2
Tarrant County, Texas
Trial Court No. 2011-PR00903-1-2
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
David Glen Harris attempts to appeal the trial court’s order determining that
his second motion in limine in this pending heirship proceeding is not ripe and
therefore moot. We notified Harris of our concern that this is not an appealable final
judgment or an interlocutory order for which appeal is allowed by rule or statute. He
responded that because one of the parties claiming to be an heir does not have
standing to participate in the proceeding, the trial court’s order is void and therefore
immediately appealable.
We have previously addressed and rejected Harris’s argument that a void order
in an heirship proceeding is appealable before rendition of a final judgment declaring
heirship. See Estate of Harris, No. 02-18-00414-CV, 2019 WL 983772, at *1 (Tex.
App.––Fort Worth Feb. 28, 2019, pet. denied) (per curiam) (mem. op.). Harris’s
complaint that one of the parties to the proceeding lacks standing––and therefore that
any order related to that argument or that party is void––is not appealable until the
trial court signs a judgment declaring heirship. See Tex. Est. Code Ann. § 202.202(a);
Crowson v. Wakeham, 897 S.W.2d 779, 782–83 (Tex. 1995); Harris, 2019 WL 983772, at
*1; In re Estate of Wright, No. 05-14-00256-CV, 2014 WL 2048570, at *1–2 (Tex. App.–
–Dallas May 15, 2014, no pet.) (mem. op.). Accordingly, we dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
Per Curiam
Delivered: August 8, 2019
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