Key legal question
Whether a decision refusing appointment of an estate representative under Art. 602(3) CC is appealable by federal appeal.
Extracted holding
Such decisions are not judgments finally deciding a disputed civil claim; they are unilateral protective measures and therefore not subject to federal appeal.
Extracted reasoning
The appointment of an estate representative depends mainly on practical considerations and is left to the authority's discretion. The court deciding the request does not determine the substance of a civil right, only an organizational measure for the period before partition.