Johnnie Love-Marx v. Nellie Katherine Marx, Sandra Jones, and William Donald Marx, Individually and as Co-Trustees of the Paul Marx 2013 Management Trust
03-21-00024-CV
| Tex. App. | Dec 3, 2021Background
- Paul Marx created and funded the Paul Marx 2013 Management Trust before marrying Love-Marx.
- Trustees (Nellie Marx, Sandra Jones, William Marx) sued Paul and Love-Marx in Hays County probate court; judgment issued and multiple appeals followed.
- A county court at law appointed Joe Babb as guardian of Paul Marx’s estate with authority to compromise and settle litigation; Babb and the Trustees settled: dismiss litigation, terminate the trust, and distribute assets. Love-Marx was not a party to the settlement.
- The probate court approved the settlement; Love-Marx appealed that approval two days before the trustees’ separate appellate dismissal was granted.
- Trustees moved to dismiss Love-Marx’s appeal as nonfinal/untimely and later as moot after the prior mandate issued and after Paul Marx died; Love-Marx confirmed Marx’s death and indicated she is the personal representative of his estate.
- The court held that Marx’s death rendered Love-Marx’s requested relief (reinstating the trust for Marx’s lifetime) impossible and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after Paul Marx’s death | Love-Marx: settlement approval violated Marx’s intent to provide for support during his life; relief sought is reinstatement of trust | Trustees: death makes requested relief impossible; appeal moot | Appeal dismissed as moot for lack of jurisdiction |
| Whether the probate court order approving settlement was final/appealable/untimely | Love-Marx challenged approval as reviewable | Trustees argued order not final and appeal untimely (alternative ground) | Court did not reach finality/timeliness because mootness disposed of appeal |
Key Cases Cited
- Electric Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628 (Tex. 2021) (mootness and prohibition on advisory opinions)
- State ex rel. Best v. Harper, 562 S.W.3d 1 (Tex. 2018) (case becomes moot when parties lack legally cognizable interest)
- Williams v. Lara, 52 S.W.3d 171 (Tex. 2001) (definition of justiciable controversy and mootness principles)
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (court must dismiss if case becomes moot)