Brittingham-Sada de Ayala v. Mackie

In Brittingham-Sada de Ayala v. Mackie, 193 S.W.3d 575 (Tex. 2006), the Texas Supreme Court discussed two factors that courts should consider when determining whether a probate court's order is appealable. Id. Orders are appealable when the trial court has adjudicated a "substantial right" and when "the order disposes of all issues in the phase of the proceeding for which it was brought." Id. The Brittingham-Sada de Ayala court then stated the following test: "If there is an express statute, such as the one for the complete heirship judgment, declaring the phase of the probate proceedings to be final and appealable, that statute controls. Otherwise, if there is a proceeding of which the order in question may logically be considered a part, but one or more pleadings also part of that proceeding raise issues or parties not disposed of, then the probate order is interlocutory." Id.