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Jason Hodge v. Amanda Carter, Independent Administrator of the Estate of Quinton Hodge, Jr., A/K/A J. Q. Hodge, Jr.
Citation: Not availableDocket: 03-21-00675-CV
Court: Court of Appeals of Texas; October 27, 2022; Texas; State Appellate Court
Original Court Document: View Document
Jason Hodge, the appellant, filed two notices of appeal concerning the trial court’s December 8, 2021 order that granted Amanda Carter’s motion to dismiss claims under Chapter 27 of the Texas Civil Practice and Remedies Code. Hodge's underlying probate proceeding involved two petitions against Carter, who is the independent administrator of the estate of Quinton Hodge, Jr. The second petition also named a land purchaser as a defendant. Upon initial review, the Clerk of the Court indicated potential jurisdictional issues, noting that appellate jurisdiction typically requires a final or appealable judgment that resolves all claims and parties. The trial court's order addressed only Hodge's claims against Carter, making it non-final as it did not dispose of all claims. Additionally, the order granting the motion to dismiss did not qualify as an appealable interlocutory order, as Texas law does not permit appeals from TCPA motion grants unless specified by statute. The trial court also deferred the decision on the amount of attorney’s fees and sanctions, further contributing to the interlocutory nature of the order. The Clerk requested a jurisdictional response by October 17, 2022, but no response was received. Consequently, the appeal was dismissed for lack of jurisdiction. The dismissal was filed on October 27, 2022, by Justice Gisela D. Triana, with Chief Justice Byrne and Justice Smith presiding.