Estate Administration

Appeal

Villarreal v. Zukowsky, 54 S.W.3d 926 (Tex. App.—Corpus Christi 2001, no pet.).

 

The appellate court examined the language in the lower court’s order regarding the construction of a will and determined that it did not have jurisdiction over the appeal. The court deemed the order interlocutory in nature even though it contained a “Mother Hubbard” clause and was called a “final” judgment. The judgment did not actually dispose of all the claims before the court and thus was merely interlocutory.

Moral: Before appealing a lower court’s judgment, make sure the judgment is actually final.



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