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Review of Probate Matters

Review of Probate Matters. 1. Certiorari to district court. Not since 1975. 2. Appeal. Final orders appealable to Court of Appeals PC § 4A(c); EC 32.001(c) Who may appeal? What is a final order?. Crowson v. Wakeham – p. 45. Landmark Texas Supreme Court case from 1995.

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Review of Probate Matters

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  1. Review of Probate Matters

  2. 1. Certiorari to district court • Not since 1975.

  3. 2. Appeal • Final orders appealable to Court of AppealsPC § 4A(c); EC 32.001(c) • Who may appeal? • What is a final order?

  4. Crowson v. Wakeham – p. 45 • Landmark Texas Supreme Court case from 1995.

  5. Crowson v. Wakeham – p. 49 • When final = “If there is an express statute * * * declaring the phase of the probate proceedings to be final and appealable, that statute controls.”

  6. Crowson v. Wakeham – p. 49 • “Otherwise, if there is a proceeding of which the order in question 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.”

  7. Crowson v. Wakeham – p. 49 • “For appellate purposes, it may be made final by a severance order, if it meets the severance criteria * * *. A severance order avoids ambiguities regarding whether the matter is appealable. Litigants can and should seek a severance order either with the judgment disposing of one party or group or parties, or seek severance as quickly as practicable after the judgment.”

  8. De Ayala v. Mackie – p. 50

  9. Appeal bond – PC § 29; EC § 351.002 • General rule = appeal bond not need if appeal is taken by the personal representative. • Exception = if the appeal personally concerns the personal representative.

  10. 3. Bill of ReviewPC § 31; EC § 55.251 • Who = any interested party • Where filed = court where original decision made • Purpose = get decision revised and corrected upon showing of error • Time limit = two years from date of decision

  11. 3. Bill of ReviewPC § 31; EC § 55.251 • What is “error”? • Appellate courts say “substantial error”: • Trial court acted in direct derogation of a specific, non-discretionary statutory provision, or • Trial court improperly performed a discretionary act.

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