In the Estate of Mary Evans Pfister, Deceased

San Antonio, Texas probate lawyers represented the decedents of the deceased.

On June 8, 2023, the probate court signed an "Order Closing Estate and Discharging Independent Executor." The June 8, 2023 order found "that this estate has been fully administered, that the Executor's Amended Final Account has previously been approved, that [the] Independent Executor has delivered all the property in the estate remaining in his hands to the persons entitled to receive it, and that this estate should be closed." The probate court ordered the estate closed and discharged the independent executor. See In re Blankenship, 392 S.W.3d 249, 257-58 (Tex. App.-San Antonio 2012, no pet.) ("Once the probate court's jurisdiction attaches, it continues until the estate is closed.... An estate is closed when the probate court signs an order discharging the administrator and closing the estate[.]").



After the probate court closed the estate, appellant filed: (1) a "Motion to Cease and Desist," which requested a reset of the hearing that lead to the June 8, 2023 order and dismissal of the estate's attorney; (2) a motion requesting an injunction to remove tenants from real property that appellant alleged belonged to the estate; and (3) a "Petition to Reopen Case/Motion for New Hearing," which the probate court construed as a motion for new trial. The probate court signed an order denying appellant's motions on May 13, 2024. On June 13, 2024, appellant filed a "Petition to Reopen Case/Motion for New Hearing."



For the purpose of this order, we will assume without deciding that the probate court's May 13, 2024 order was an appealable order or judgment[1] and that appellant's June 13, 2024 filing operated as a timely motion for new trial.[2] Under those circumstances, appellant's notice of appeal was due by August 12, 2024, and a motion for extension of time to file the notice of appeal was due by August 26, 2024. See TEX. R. APP. P. 26.1(a), 26.3. The clerk's record shows appellant filed his notice of appeal on September 11, 2024 and a motion for extension of time to file the notice of appeal on September 13, 2024.



"[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26).



In re Pfister, 04-24-00615-CV (Tex. App. Sep 20, 2024)

Because the notice of appeal and motion for extension of time to file the notice of appeal were untimely filed, we ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by September 30, 2024. See id. If appellant fails to satisfactorily respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.