Legal Opinion

In Re Graham

Texas Supreme Court

Decided June 5, 1998No. 97-0684PublishedCited by 18 opinions

1Opinion of the CourtHankinson, Justice

In this original proceeding, we decide whether a statutory probate court has the authority to transfer to itself from district court a divorce action when one spouse is a ward of the probate court. Section 608 of the Texas Probate Code authorizes a statutory probate court to transfer to itself a matter appertaining or incident to a guardianship estate. The court of appeals conditionally issued a writ of mandamus compelling the probate court to vacate its order transferring Gitta and Richard Milton’s divorce, filed in a Travis County district court, to Travis County Probate Court Number One,…

2Cases cited11 opinions

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. Seay v. HallTexas Supreme Court · 1984
  3. Bailey v. Cherokee County Appraisal DistrictTexas Supreme Court · 1993
  4. Palmer v. Coble Wall Trust Co., Inc.Texas Supreme Court · 1993
  5. English v. CobbTexas Supreme Court · 1979

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3Cited by18 opinions

  1. Gonzalez v. Reliant Energy, Inc.Texas Supreme Court · 2005
  2. In Re Swepi, L.P.Texas Supreme Court · 2002
  3. Estate of Arlitt v. Paterson, Texas Court of Appeals, 4th District (San Antonio)1999
  4. in Re Houston Northwest Partners, LTD., Individually and D/B/A Northwest Medical Center and Renee Branch, R.N., Texas Court of Appeals, 3rd District (Austin)2003
  5. Marathon Corp. v. Pitzner Ex Rel. Pitzner, Texas Court of Appeals, 13th District2001

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