 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Marathon Corp. v. Pitzner8/2/2001
e courts, section 608 is more limited in the scope of power granted to such courts to order transfer of matters from other courts:
a statutory probate court has concurrent jurisdiction with district courts over wrongful death and survival claims brought by someone in their capacity as a personal representative or a guardian . . . . But the determination that a statutory probate court has jurisdiction with district courts over wrongful death and survival claims begs the question that we must answer in this proceeding - whether a statutory probate court can transfer to itself, under section 608 of the probate code, a wrongful death suit pending in another court so that the wrongful death suit can be tried in guardianships pending in the statutory probate court . . . . For the following reasons, we hold that, despite a statutory probate court having concurrent jurisdiction with district courts over wrongful death and survival claims, a statutory probate court cannot transfer to itself a wrongful death cause of action pending in a district court to the statutory probate court under section 608:
- A wrongful death claim is not a cause of action appertaining to or incident to a guardianship estate pending in the statutory probate court.
- Section 608 lacks statutory language giving a statutory probate court authority to transfer actions by or against a person in the person's capacity as a guardian.
- Section 608 lacks language giving a statutory probate court authority to transfer actions whether or not the matter is appertaining to or incident to a guardianship estate.
Accordingly, in transferring the underlying wrongful death suit from Tarrant County district court to itself to be tried ancillary to the pending guardianship proceedings, the Denton County statutory probate court lacked statutory authority, much less discretion, to do so. . . . The transfer was an abuse of discretion. Id. at 286-88 (emphasis added). See In re Ford Motor Co., 965 S.W.2d 571, 573-75 (Tex. App.-Houston [14th Dist.] 1997, orig. proceeding) (finding the transfer of a wrongful death action by a statutory probate court to itself from a district court was improper under former versions of sections 5A and 5B of the probate code, which are identical to the versions of sections 607 and 608 at issue in the instant case).
Although the instant case is a personal injury cause of action brought on behalf of a living person instead of a wrongful death and survival action, we are persuaded by the reasoning of DB Entertainment, and conclude it is equally applicable in this case. Accordingly, we hold that the Dallas County statutory probate court lacked authority to transfer this case to itself from the 370th District Court of Hidalgo County because under the statutes applicable to this case: (1) personal injury suits brought by a guardian are not causes of action appertaining to a guardianship estate, and (2) the version of section 608 applicable to this matter does not give a statutory probate court authority to transfer actions by or against a guardian, regardless of whether the action is appertaining to or incident to an estate. See DB Entertainment, 927 S.W.2d at 286-87; Ford, 965 S.W.2d at 575. Appellant's sixth issue is overruled.
E. Admission and exclusion of Evidence
In its seventh issue, Marathon complains the trial court abused its discretion "by refusing to permit cross-examination regarding an OSHA Citation and Notification of Penalty which was issued against Pitzner's employer [Hull]." In its eighth issue, Marathon contends the trial court abused its discretion by allowing appellee to present evidence of improvements made to the building
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.
|
|