Summary
The Texas Seventh Court of Appeals held that the Lubbock County constitutional county court, which initiated Brenda Wood’s guardianship, had exclusive jurisdiction over disputes incident to her guardianship estate. The court reversed the Dallam County trial court’s denial of the plea to the jurisdiction and its summary judgment, and dismissed the declaratory action for want of jurisdiction.
Holdings
- The court in which a guardianship is initiated acquires exclusive jurisdiction over the guardianship estate and matters relating to its administration, including claims or property disputes incident to the estate.
- The 69th District Court of Dallam County lacked subject-matter jurisdiction to entertain Dalhart R&R Machine Works' declaratory action against Brenda Wood and her guardian.
- The trial court's order denying the plea to the jurisdiction and its summary judgment were reversed, and the cause was dismissed for want of jurisdiction.
Questions Presented
- Whether the Lubbock County court that initiated Brenda Wood's guardianship acquired exclusive jurisdiction over claims concerning the guardianship estate and its property.
- Whether the Dallam County district court had subject-matter jurisdiction over Dalhart R&R Machine Works' declaratory action concerning stock owned by the ward.
- Whether the Dallam County trial court's summary judgment could stand after determining that it lacked jurisdiction.
Disposition
dismissed
Cases Cited (4)
- Bailey v. Cherokee County Appraisal Dist., 862 S.W.2d 581 (Tex. 1993)(followed)
- Hailey v. Siglar, 194 S.W.3d 74, 80-81 (Tex. App.—Texarkana 2006, pet. denied)(followed)
- Howe State Bank v. Crookham, 873 S.W.2d 745, 748-50 (Tex. App.—Dallas 1994, no writ)(followed)
- Miller v. Woods, 872 S.W.2d 343, 345 (Tex. App.—Beaumont 1994, orig. proceeding)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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