Opinion
08-21-00112-CV
08-27-2021
IN THE MATTER OF THE ESTATE OF: GENOVEVA R. VALENZUELA, Deceased.
Appeal from the Probate Court No. 2 of El Paso County, Texas (TC# 2014-CPR01172)
Before Rodriguez, C.J., Palafox, and Alley, JJ.
MEMORANDUM OPINION
JEFF ALLEY, JUSTICE
Appellant Cecilia Aranda, pro se, appeals the trial court's June 8, 2021 "Order Granting [Maria Luisa Valenzuela Torre's] Motion to Compel." The order directs Appellant to "respond fully and completely to: Request for Production to Cecelia Aranda on or before the 22nd day of June, 2021" and Appellant to "appear at a Deposition" on "July 6. 2021."
On June 22, 2021, we notified Appellant of our intent to dismiss the appeal within ten days for want of jurisdiction unless any party can show grounds for continuing the appeal, given that it appears there is no appealable order or judgment. In response, on July 9, 2021, Appellee Maria Luisa V. Torres filed a motion to dismiss this appeal based on a want of jurisdiction. See Tex.R.App.P. 42.3(a), and 43.2(f). Appellant failed to file any response.
This court has appellate jurisdiction only from appeals of final judgments and from interlocutory orders the Texas Legislature has specified are immediately appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see, e.g., Tex.Civ.Prac. & Rem.Code Ann. § 51.014. An order granting a motion to compel discovery is an interlocutory order that is not appealable until after a final judgment. See Phillips v. Phillips, No. 05-18-00317-CV, 2018 WL 2228627, at *1 (Tex.App.--Dallas May 16, 2018, no pet.) (mem. op.); Gonzalez v. Randel, No. 03-15-00205-CV, 2015 WL 1967991, at *1 (Tex.App.--Austin Apr. 29, 2015, no pet.) (mem. op.); In re Estate of Denton, No. 11-14-00222-CV, 2014 WL 5823338, at *2 (Tex.App.--Eastland Nov. 6, 2014, no pet.) (per curiam) (mem. op.).
Because this is not an appealable interlocutory order, we dismiss for want of jurisdiction. All pending motions are denied as moot.