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Winfield v. Pietsch

Under Texas Probate Code �5(c), in those counties in which there is no statutory probate court, but in which there is a county court at law or other statutory court exercising the jurisdiction of a probate court, all applications, petitions and motions regarding probate or administration shall be filed and heard in those courts and the constitutional county court, unless otherwise provided by law. The trial court in this case did not have original probate jurisdiction. Therefore, the trial court was without subject matter jurisdiction. Amarillo Court of Appeals, No. 07-09-0261-CV, 10-02-2009

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Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ORDER GRANTING IN PART AND DENYING IN PART APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION

Appellee, Karen Sue Pietsch, moves this Court to dismiss this appeal for want of jurisdiction. The judgment the subject of this appeal is a take-nothing judgment granted in favor of Appellee, pursuant to Rule 166a(i) of the Texas Rules of Civil Procedure, on Appellants’ cause of action seeking: (1) to set aside an unprobated will and a general warranty deed, on the basis that the instruments were obtained by fraud and/or undue influence; (2) a declaratory judgment establishing the rights of the parties to the property in question; (3) damages for tortious conduct; and (4) recovery of reasonable and necessary attorney’s fees. As to those claims pertaining to the will, Appellee maintains that this Court is without jurisdiction because the trial court was without original jurisdiction. As to those claims pertaining to the general warranty deed, Appellee maintains those claims are moot because the will Appellants seek to set aside by this proceeding (the “contested will”) divested them of any interest in the estate of the grantor and they failed to contest the admission of that will in a subsequently filed probate proceeding.*fn1 As to those claims pertaining to the will, we grant Appellee’s motion to dismiss; and, as to those claims pertaining to the deed, we deny Appellee’s motion to dismiss.

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