in the Estate of Mario Gonzalez Lira
2015 Tex. App. LEXIS 3164
| Tex. App. | 2015Background
- Dowell, a New York resident, allegedly killed Mario Gonzalez Lira in Buffalo, NY while intoxicated; Quiroz pursued probate in Cameron County asserting Mario was a Cameron County resident.
- Family filed survival and wrongful death claims in Cameron County Court at Law No. 2, asserting jurisdiction as “incident to an estate.”
- Dowell pleaded guilty in New York to DWI and criminally negligent homicide; the court granted summary judgment for Dowell on liability for survival and wrongful death claims.
- The court questioned whether Cameron County Court at Law No. 2 had probate jurisdiction over survival and wrongful death claims under the Texas Probate Code.
- The court held that the county court did not have probate jurisdiction to hear these claims and also lacked jurisdiction under its non-probate amounts; thus the trial court’s judgment was vacated and the case dismissed.
- The family’s turnover claim premised on the survival and wrongful death award became moot and was vacated and dismissed as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the county court lacked subject matter jurisdiction | Dowell challenges probate jurisdiction | Dowell asserts no probate or proper jurisdiction | Yes; lack of jurisdiction affirmed |
| Whether damages exceeded the court’s jurisdictional cap | Family pleaded maximum damages within probate scope | Damages exceed non-probate limits | Yes; jurisdiction lacking under non-probate cap |
| Whether probate jurisdiction could be implied by the pleadings | Estate status implied incidences to an estate | Probate jurisdiction not implied by pleading | No; implied jurisdiction rejected |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (subject-matter jurisdiction not presumed; must be affirmatively shown)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (jurisdictional questions reviewed de novo)
- City of Garland v. Louton, 691 S.W.2d 603 (Tex. 1985) (clear rule on when to raise jurisdictional issues on appeal)
- In re Puig, 351 S.W.3d 301 (Tex. 2011) (controlling issue for probate-incident test in jurisdiction analysis)
- Palmer v. Coble Wall Trust Co., 851 S.W.2d 178 (Tex. 1992) (overruled Seay; legislature granted probate courts jurisdiction over survival and wrongful death actions)
- Seay v. Hall, 677 S.W.2d 19 (Tex. 1984) (probate courts lacked jurisdiction over survival and wrongful death actions prior to statutory amendment)
- Gonzalez v. Reliant Energy, Inc., 159 S.W.3d 615 (Tex. 2005) (probate court jurisdiction over survival and wrongful death actions statutorily conferred)