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Estate Administration

Appeal

    In re Estate of Padilla, 103 S.W.3d 563 (Tex. App.—San Antonio 2003, no pet. h.).

    The appellate court held that a Decree of Partition and Distribution was a final appealable judgment.  The court applied the test set forth in Crowson v. Wakeham, 897 S.W.2d 779 (Tex. 1992).  The court indicated that the order was final because it disposed of each issue raised in the pleadings.  The order addressed all of the relief sought and identified the persons entitled to the estate and the shares of each.  The court then refused to hear the merits of the appeal because the notice of appeal was untimely filed and thus the appellate court had no jurisdiction to hear the appeal.

    Moral:  A person dissatisfied with a final order of a trial court should timely file a notice of appeal.

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