CourtListener 10829287•In the Estate of Rolando Guerra v. the State of Texas
In the Estate of Rolando Guerra v. the State of Texas
CourtListener 10829287Txctapp1326 de mar. de 2026
Texto completo
NUMBER 13-25-00673-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE ESTATE OF ROLANDO GUERRA, DECEASED
ON APPEAL FROM THE PROBATE COURT
OF HIDALGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijernia and Justices West and Cron
Memorandum Opinion by Justice Cron
Appellant, Edward Roland Guerra, proceeding pro se, filed a notice of appeal from
an “Order of Sale of Real Property” rendered in a probate matter concerning the estate
of his late father, Rolando Guerra. Noel Guerra, Dependent Administrator of the estate
and appellee herein, has filed a motion to dismiss the appeal for want of jurisdiction.
Edward responds in his brief that the order is appealable because it “conclusively
adjudicated” his challenge to Noel’s application to sell the subject property. Because we
agree that the order of sale is not an appealable order, we grant the motion and dismiss
the appeal.
I. STANDARD OF REVIEW
Generally, an appeal may be taken only from final judgments. Bonsmara Nat. Beef
Co. v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 387 (Tex. 2020). Probate
proceedings are an exception to the one-final-judgment rule because they may involve
multiple orders on discrete issues, each of which may be final for purposes of appeal.
See In re Guardianship of Jones, 629 S.W.3d 921, 924 (Tex. 2021). To determine if an
order in a probate case is final for purposes of appeal, we first look to any controlling
statute “declaring the phase of the probate proceedings to be final and appealable.”
Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995). In the absence of such a
statute, an order is interlocutory and not subject to immediate appeal unless it disposes
of all parties or issues in a particular phase of the proceedings. De Ayala v. Mackie, 193
S.W.3d 575, 578–79 (Tex. 2006). Whether we have jurisdiction to reach the merits of an
appeal is a question of law. In re Guardianship of Jones, 629 S.W.3d at 924.
II. ANALYSIS
Chapter 356 of the Estates Code concerns the sale of estate property, and this
statute sets out a “comprehensive statutory scheme governing estate administration
proceedings to sell estate property and orders authorizing such sales.” In re Est. of
Bendtsen, 229 S.W.3d 845, 848 (Tex. App.—Dallas 2007, no pet.). For instance, a
dependent administrator must first seek general authority from a probate court to sell real
property. TEX. EST. CODE § 356.256. Once the probate court grants an application to sell
real property—as occurred here—and the administrator finds a willing buyer, the
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administrator must then file a report with the court detailing the terms of the proposed
sale. Id. § 356.551. The sale is subject to final approval by the court, which considers,
among other things, whether the proposed sale “is for a fair price.” Id. § 356.556(a). “The
court’s action in approving or disapproving a report under Section 356.551 has the effect
of a final judgment. Any person interested in the estate or in the sale is entitled to have
an order entered under this section reviewed as in other final judgments in probate
proceedings.” Id. § 356.556(c).
Here, Edward is attempting to appeal an order that generally authorizes the sale
of the subject property under section 356.256, but the appellate record does not indicate
that Noel has filed a report seeking the probate court’s final approval of a pending sale,
or that the court had approved any such sale. Several appellate courts, including our own,
have dismissed appeals for lack of jurisdiction under these same circumstances. See In
re Guardianship of Landgrebe, No. 13-20-00476-CV, 2020 WL 7294613, at *2–3 (Tex.
App.—Corpus Christi-Edinburgh Dec. 10, 2020, pet. denied) (mem. op.) (dismissing
appeal for lack of jurisdiction because order granting application to sell real property was
interlocutory based on statutory scheme providing for appeal only from order approving
or disapproving report of sale); In re Est. of Hill, 09-13-00022-CV, 2013 WL 6044404, at
*2 (Tex. App.—Beaumont Nov. 14, 2013, no pet.) (mem. op.) (same); Rawlins v. Weaver,
317 S.W.3d 512, 514 (Tex. App.—Dallas 2010, no pet.) (same); Okumu v. Wells Fargo
Bank, N.A., No. 02-09-00384-CV, 2010 WL 87735, at *3 (Tex. App.—Fort Worth Jan. 7,
2010, no pet.) (mem. op.) (same) In re Est. of Bendtsen, 229 S.W.3d 845, 848 (Tex.
App.—Dallas 2007, no pet.) (same).
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III. CONCLUSION
Accordingly, we dismiss the appeal for want of jurisdiction. 1
JENNY CRON
Justice
Delivered and filed on the
26th day of March, 2026.
1 All other pending motions are denied as moot.
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