Legal Opinion · Dissent

Palmer v. Coble Wall Trust Co., Inc.

Texas Supreme Court

Decided January 20, 1993No. D-1971Published

1DissentCornyn, Justice

The entire court agrees that the outcome of this case should be decided by determining the legislature’s intent in enacting H.B. 479 of 1985, which amended section 5A(b) of the Texas Probate Code (the “Amendment”). While it is clear that the bill was passed in reaction to this court’s decision in Seay v. Hall, 677 S.W.2d 19 (Tex.1984), the legislative history of the Amendment makes it unlikely that the legislature, including the bill’s author,1 intended to expand probate court jurisdiction to cover the present suit.

Furthermore, while the interpretation of the 1985 amendment to section 5A(b)…

2Cases cited8 opinions

  1. Seay v. HallTexas Supreme Court · 1984
  2. Qwest Microwave, Inc. v. Bedard, Texas Court of Appeals, 5th District (Dallas)1988
  3. Travenol Laboratories, Inc. v. Bandy Laboratories, Inc.Court of Appeals of Texas · 1980
  4. Crawford v. Williams, Texas Court of Appeals, 13th District1990
  5. Carlisle v. Bennett, Texas Court of Appeals, 13th District1990

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