Legal Opinion

in Re Mae Dean Wheeler Individually and as Successor Trustee of the Wheeler Family Trust

Texas Court of Appeals, 10th District (Waco)

Decided January 30, 2014No. 10-13-00402-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

AL SCOGGINS, Justice.

In this mandamus proceeding, we are asked to determine whether the respondent, Judge Robert Stem of the 82nd Judicial District Court, abused his discretion by failing to transfer venue to Harris County, Texas — the county where the underlying trust was administered. For the reasons stated herein, we conditionally grant relator’s petition for writ of mandamus.

I. BACKGROUND

It is undisputed that real party in interest, Circle X Camp Cooley, Ltd. (“Circle X”), and relator, Mae Dean Wheeler, entered into a “Purchase and Sale Agreement,” under which relator agreed to…

2Cases cited15 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. In Re Cerberus Capital Management, L.P.Texas Supreme Court · 2005
  4. F.F.P. Operating Partners, L.P. v. DuenezTexas Supreme Court · 2007
  5. In Re BP Products North America, Inc.Texas Supreme Court · 2008

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3Cited by3 opinions

  1. in Re: John Henry Green, Jr., Individually and as Trustee of the Testamentary Trust Formed for the Benefit of William Casey Ellison and Gayla Jan Tibbits As Former Controlling Stockholder of National Foundry & Manufacturing Company, Texas Court of Appeals, 8th District (El Paso)2016
  2. Orca Assets, G.P., L.L.C. v. JP Morgan Chase Bank, N.A., JP Morgan Chase Bank, N.A., as Trustee of the Red Crest Trust, Philip Mettham, Andy J. McMullen, John H. McMullen, Jr., Texas Court of Appeals, 5th District (Dallas)2024
  3. in Re: Equinor Texas Onshore Properties F/K/A Statoil Texas Onshore Properties LLC Equinor Marketing & Trading (US) Inc., and Equinor Natural Gas, LLC, Texas Court of Appeals, 5th District (Dallas)2020

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