Unreported / Non-Citable
Background
Gabriel Paul Salas, acting pro se, filed a notice of appeal in June 2026 asking the court to reopen a Tarrant County probate proceeding concerning his deceased grandmother, Margarita Ramirez. Salas alleged that he had inherited properties that were sold without his consent and occupied by “burglars.” He submitted a 2014 order admitting Ramirez’s will to probate as a muniment of title and an April 2026 motion asking the probate court to reopen the proceeding.
The appellate court found no indication that the probate court had ruled on the motion to reopen. After the court questioned its jurisdiction, Salas responded that probate orders resolving a discrete phase are appealable and asserted that he had only recently learned of his grandmother’s death and the 2014 order.
The Court’s Holding
The Second Court of Appeals dismissed the appeal for lack of jurisdiction. To the extent Salas sought to appeal the 2014 probate order, his June 2026 notice of appeal was untimely. Texas Rule of Appellate Procedure 4.2 can delay the start of an appellate deadline when a party receives late notice, but the period cannot begin more than 90 days after the order was signed. The notice was also too late to qualify as a restricted appeal, which must be filed within six months after the judgment is signed.
To the extent Salas sought review of his April 2026 motion to reopen the probate proceeding, the appeal was premature because nothing showed that the probate court had ruled on that motion or signed an appealable order. The notice of appeal therefore did not vest the appellate court with jurisdiction, and the court was not required to keep the appeal open while awaiting a possible future ruling.
Key Takeaways
- Late discovery of a probate order does not extend the appellate timetable indefinitely; Rule 4.2 imposes a 90-day outer limit.
- A restricted appeal generally must be initiated within six months after the challenged judgment is signed.
- A notice of appeal ordinarily cannot create appellate jurisdiction before the trial court signs an appealable order.
Why It Matters
The decision underscores that jurisdictional deadlines apply strictly in probate appeals, even when an appellant claims not to have received timely notice of the underlying order. Litigants seeking to challenge an old probate order must identify an available and timely procedural vehicle rather than rely on a conventional or restricted appeal filed years later.
It also confirms that filing a motion in probate court does not itself create an appellate issue. A party generally must obtain an appealable ruling before seeking review, and the appellate court need not hold a premature appeal open as a placeholder.