Did You Know . . . ?

by JoAnn Storey

Unlike other proceedings, a partition case has two final judgments, both of which are appealable. Griffin v. Wolfe, 610 S.W.2d 466, 466-67 (Tex.1980). In the first judgment, the trial court (1) determines the interests of each of the joint owners or claimants in the real estate sought to be divided and decides all questions of law and equity affecting the title to such land; (2) determines whether the property is susceptible to partition or the subject of a sale; and (3) appoints commissioners to partition the property in accordance with the respective shares or interests of each of such parties entitled thereto. Goldberg v. Zinn, No. 14-11-01091-CV, 2013 WL 2456869, at *5 (Tex. App.—Houston [14th Dist.] 2013, no pet.) (mem. op.). In the second judgment, the court approves of the commissioners’ report and partitions the property in kind or by sale. Id.