 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Marathon Corp. v. Pitzner8/2/2001
erk of the 370th Judicial District Court of Hidalgo County, Texas make up a transcript of all pleadings and orders made in Cause No, C-3773-95-G, certify the transcript officially under the seal of that Court, and send it with the original papers in the Cause No. C-3773-95-G to the Clerk of this Court for consolidation with this pending guardianship proceeding.
All further relief not expressly granted herein is denied.
The version of section 607(b) of the probate code applicable to the instant case defines "appertaining to or incident to an estate" in a proceeding in a statutory probate court as including:
the appointment of guardians, the issuance of letters of guardianship, all claims by or against a guardianship estate, all actions for trial of title to land and for the enforcement of liens on the land, all actions for trial of the right of property, and generally all matters relating to the settlement, partition, and distribution of a guardianship estate. A statutory probate court, in the exercise of its jurisdiction and notwithstanding any other provision of this chapter, may hear all suits, actions, and applications filed against or on behalf of any guardianship. In a situation in which the jurisdiction of a statutory probate court is concurrent with that of a district court, a cause of action appertaining to or incident to a guardianship estate shall be brought in a statutory probate court rather than in the district court. Act of May 30, 1993, 73rd Leg., R.S., ch. 957, §1, 1993 Tex. Gen. Laws 4087, amended by Act of April 22, 1999, 76th Leg., R.S., ch. 10, 1999 Tex. Gen. Laws 29; Graham, 971 S.W.2d at 58.
Section 608 of the probate code, in effect at the time of this case, provided as follows:
§ 608. Transfer of Guardianship Proceeding
A judge of a statutory probate court on the motion of a party to the action or of a person interested in a guardianship, may transfer to the judge's court from a district, county, or statutory court a cause of action appertaining to or incident to a guardianship estate that is pending in the statutory probate court and may consolidate the transferred cause of action with the other proceedings in the statutory probate court relating to the guardianship estate. Act of May 30, 1993 73rd Leg., R.S., ch. 957 § 1, 1993 Tex. Gen. Laws 4088, amended by Act of May 20, 1999, 76th Leg., R.S., ch. 1431, § 2, 1999 Tex. Gen. Laws 4876 .
A cause of action is appertaining or incident to an estate if section 607 of the probate code explicitly defines it as such or if the controlling issue in the suit is the settlement, partition, or distribution of the estate. In re Graham, 971 S.W.2d 56, 58 (Tex. 1998); Palmer v. Coble Wall Trust Co., Inc., 851 S.W.2d 178, 182 (Tex. 1992).
In DB Entertainment, Inc. v. Windle, 927 S.W.2d 283, 285-87 (Tex. App.-Fort Worth 1996, orig. proceeding), the widow of a man killed in an automobile accident filed a dram shop liability action, individually and on behalf of her two minor children, in a Denton County district court against the bar in which her husband had been drinking prior to his fatal accident. Id. at 284. That suit was later transferred by agreement to a Tarrant County district court. Id. A guardianship proceeding concerning the children was later filed in the Denton County Probate Court. Id. The children's mother was named guardian, and she obtained an order from the probate court transferring the tort action then pending in Tarrant County to the probate court pursuant to section 608. Id. at 284-85.
The Fort Worth Court of Appeals noted that, while the language of section 607 is quite broad as to the jurisdiction of statutory probat
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|