Texas Supreme Court

William Palmer, as Independent Administrator of the Estate of Booney M. Moore, Deceased, Petitioners v. The…

January 20, 1993851 S.W.2d 178

Summary

The Texas Supreme Court held that the statutory probate court had subject‑matter jurisdiction over Palmer's negligence, gross negligence and DTPA claims against Coble Wall because the suit was brought by one personal representative against another, and the 1985 amendment to Tex. Prob. Code §5A(b) gave probate courts concurrent jurisdiction in such actions. The Court reversed the Court of Appeals and remanded for further consideration. Justice Cornyn dissented, arguing the amendment was limited to wrongful‑death and attorney‑fee actions.