In Re Puig
351 S.W.3d 301
| Tex. | 2011Background
- Puig Bros. owned a Webb County ranch; Luis F. Puig, Jr. and six children owned Puig Bros. shares.
- Alicia Prieto Puig (Luis's former wife) was awarded 60% of the ranch in a 2003 divorce after Puig Bros. was treated as Luis's alter ego.
- Alicia died, naming her daughter Alice Puig as independent administratrix of her estate, with letters of administration issued in Fort Bend County (no statutory probate court there).
- Alice sought probate of Alicia's will and repeatedly urged her father to execute deeds transferring partial ownership to Alicia's estate; he refused.
- The Harbour Deed, executed by a court-appointed attorney-in-fact in Fort Bend, purported to transfer 60% ownership of the ranch to Alicia and was recorded in Webb County.
- Real parties filed a Webb County district court suit seeking to void Harbour Deed, quiet title, and determine ownership; Fort Bend County court at law claimed jurisdiction over estate matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fort Bend statutory county court has dominant jurisdiction over matters appertaining to Alicia's estate | Puig argues district court should lack exclusive jurisdiction; estate matters remain in Fort Bend. | Puig Bros. contends district court should determine ownership; appellate review is appropriate where dominant jurisdiction is in play. | Fort Bend county court had dominant jurisdiction over estate matters. |
| Whether relators should have filed a plea in abatement instead of a plea to the jurisdiction | Relators contend plea to jurisdiction is proper given dominant jurisdiction by Fort Bend; district court denied improperly. | Dominant jurisdiction was properly established in Fort Bend; plea to jurisdiction was appropriate to challenge subject-matter allocation. | Relators should have filed a plea in abatement; district court's denial was not an abuse of discretion, so mandamus denied. |
Key Cases Cited
- Wyatt v. Shaw Plumbing Co., 760 S.W.2d 245 (Tex. 1988) (dominant jurisdiction when two courts may hear the case)
- Curtis v. Gibbs, 511 S.W.2d 263 (Tex. 1974) (initial placement of dominant jurisdiction by first filing court)
- Bailey v. Cherokee Cnty. Appraisal Dist., 862 S.W.2d 581 (Tex. 1993) (first-filed court acquires dominant jurisdiction to the exclusion of coordinate courts)
- Mower v. Boyer, 811 S.W.2d 560 (Tex. 1991) (plea in abatement used to alert other court to dominant jurisdiction)
- Abor v. Black, 695 S.W.2d 564 (Tex. 1985) (mandamus relief limited to orders actively interfering with jurisdiction)
- Perry v. Del Rio, 66 S.W.3d 239 (Tex. 2001) (mandamus relief to direct actions affecting jurisdiction)
- Pugh v. Turner, 197 S.W.2d 822 (Tex. 1946) (estate administration can affect related interrelated claims)
- In re SWEPI, L.P., 85 S.W.3d 800 (Tex. 2002) (controlling issue test for matters appertaining to an estate)
- Palmer v. Coble Wall Trust Co., 851 S.W.2d 178 (Tex. 1992) (controlling issue test applied to appertaining matters)
- Hailey v. Siglar, 194 S.W.3d 74 (Tex.App.-Texarkana 2006) (application of dominion over estate-related matters in appellate context)
- Howe State Bank v. Crookham, 873 S.W.2d 745 (Tex.App.-Dallas 1994) (estate-related jurisdictional considerations in appellate review)
- Speer v. Stover, 685 S.W.2d 22 (Tex. 1985) (pleas to jurisdiction as alerting of jurisdictional issues)
