Estate of Fisher, No. 06-13-00106-CV, 2014 Tex. App. LEXIS 407 (Tex. Ct. App. Jan. 15, 2014)

Date of decision:

(an adopted daughter contested the application to probate her father's will on the ground that a nephew had unduly influenced him; the trial court granted a partial no-evidence summary judgment motion in favor of the nephew, and the daughter filed an accelerated permissive appeal from the order pursuant to Tex. Civ. Prac. & Rem. Code § 51.014(d); in dismissing the appeal, the court found that it lacked jurisdiction because the requirements of § 51.014(d) were not met; whether undue influence was exerted was an ultimate question of fact for the fact-finder; no controlling question of law was at issue).

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