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