in the Matter of the Guardianship of Joe Poag, an Incapacitated Person ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-20-00076-CV
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IN RE Appeal from the
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GUARDIANSHIP OF JOSEPH POAG, Probate Court No. 1
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An Incapacitated Person. of El Paso County, Texas
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(TC# 2020-CGD00010 & 2020-GD00011)
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MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of jurisdiction. Finding that there is no appealable order, we dismiss the appeal
for want of jurisdiction.
It is well settled that appellate courts have jurisdiction over final judgments, and such
interlocutory orders as the Legislature deems appealable by statute. Lehmann v. Har–Con
Corporation, 39 S.W.3d 191, 195 (Tex. 2001); see also TEX.CIV.PRAC.&REM.CODE ANN.
§ 51.014 (authorizing appeals from certain interlocutory orders). An order is not final for purposes
of appeal unless it actually disposes of all parties and all claims. Lehmann, 39 S.W.3d at 205.
Appellant Marisela Chavez Poag’s notice of appeal indicates she is attempting to appeal
appointing a person other than her as her husband Joseph Poag’s guardian. Because the
appointment order does not dispose of all parties and all claims, this order is an interlocutory order
that is not final for purposes of appeal. Further, there is no statutory provision authorizing an
appeal from this interlocutory order. See generally TEX.CIV.PRAC.&REM.CODE ANN. § 51.014
(main interlocutory appeal statute). Accordingly, we dismiss this appeal for want of jurisdiction.
April 8, 2020
YVONNE T. RODRIGUEZ, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
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