In Re Alice M. Puig in Her Individual Capacity and in Her Capacity as the Independent Administratrix of the Estate…

Summary

The Texas Supreme Court denied the relators' petition for a writ of mandamus, holding that the district court correctly denied a plea to the jurisdiction because the proper vehicle for asserting dominant jurisdiction is a plea in abatement. The Court affirmed that the Fort Bend county court, having first opened administration of Alicia Puig's estate, possessed dominant jurisdiction over the matters appertaining to the estate. Accordingly, the district court's denial did not constitute an abuse of discretion warranting mandamus relief.