Summary
This opinion addresses whether a civil action originally filed in a statutory probate court before September 1, 2024, can be removed to the Texas Business Court after adding new corporate defendants and claims post-effective date. The court concluded that because the underlying lawsuit commenced prior to the Business Court’s jurisdictional cutoff, subsequent amendments do not constitute a new action. Consequently, the court held it lacked subject-matter jurisdiction and remanded the case to the original probate court.
Topics
Practice areas
Questions Presented
- Whether Section 8 of House Bill 19 limits the Texas Business Court’s jurisdiction to civil actions commenced on or after September 1, 2024, thereby precluding jurisdiction over an action filed on February 20, 2024.
- Whether amendments adding new parties or claims after September 1, 2024 constitute the commencement of a new civil action for purposes of Section 8 of House Bill 19.
Holdings
- The Business Court lacks subject‑matter jurisdiction because the action was commenced on February 20, 2024, before the effective date of Section 8 of House Bill 19.
- Amendments that add new defendants or claims after September 1, 2024 do not create a new civil action; therefore the Business Court lacks jurisdiction over the amended claims as well.
Key quotations
“Section 8 of House Bill 19, the legislation creating the Business Court, states: “The changes in law made by this Act apply to civil actions commenced on or after September 1, 2024.”” (¶8)
“We do not have jurisdiction over this suit.” (¶12)
Factual background
Jason Berridge, as next friend for his children, sued trustee Joel Lee‑Eric Jesse for breach of fiduciary duties relating to three trusts created between 2007 and 2012. The original petition was filed on February 20, 2024 in probate court. On February 3, 2025 the plaintiff amended the petition to add Joel Lee‑Eric Jesse in his corporate capacity as President and CEO of Berridge Manufacturing, Inc., asserting additional corporate fiduciary‑duty claims. Defendant removed the entire action to the Texas Business Court on March 5, 2025.
Procedural history
Plaintiff filed suit in Bexar County Probate Court on February 20, 2024. Plaintiff amended the petition on February 3, 2025 adding a corporate defendant and new claims. Defendant removed the case to the Texas Business Court on March 5, 2025. The Business Court considered its jurisdiction under House Bill 19 and remanded the case back to the probate court.
Remand instructions
Remand the case to Bexar County Probate Court No. 1.