In re Estate of Hersey, 223 S.W.3d 457 (Tex. App.—Amarillo 2006, no pet.).
Executor appealed a trial court’s order denying fees and expenses.
The appellate court held that it did not have jurisdiction over the
appeal. The court explained that it has appellate jurisdiction only over
final orders under Probate Code § 5(f) and that this order was mere
interlocutory. The trial court’s order itself even indicated that the
order was not final as it authorized the attorney to resubmit its claim
for attorney’s fees and expenses.
Moral: A party appealing a lower court’s probate order must make certain
the order is appealable. If in doubt, the party wishing to appeal should
take some action such as seeking a severance order.