Pollard v. Pollard, 285 S.W.3d 149 (Tex. App.—Dallas 2009, no pet.).

Estate Administration



The appellate court determined that the probate court’s order striking Creditor’s petition and dismissing his claims in an independent administration with prejudice was an interlocutory order and thus not appealable. The court applied the test set forth in Crowson v. Wakeham, 897 S.W.2d 779 (Tex. 1995). The court first explained that there was no express statute resolving finality of the dismissal order and then determined that Executor’s counterclaim against Creditor was part of the same phase of the proceeding. Accordingly, the court had no jurisdiction to consider the appeal.

Moral: As the court in Crowson recommended, to resolve doubt, a party wishing to appeal should seek a severance order and, assuming it is granted, file a timely appeal.