Texas Supreme Court

Maria Cristina Brittingham-Sada De Ayala, Petitioner v. Kevin Michael MacKie, Adminstrator of the Ancillary Estate…

June 9, 200649 Tex. Sup. Ct. J. 706

Summary

The Texas Supreme Court held that the Court of Appeals lacked jurisdiction to hear Ayala's interlocutory appeal because the trial court's order denying a motion to dismiss for lack of subject matter jurisdiction was not a final, appealable order, and because the statute permitting immediate appeal of orders refusing to remove an executor does not apply. Accordingly, the appellate judgment was reversed and the appeal dismissed.