Harris v. Jackson

Dissenting opinion by

Justice ROACH.

Because I do not think we have jurisdiction over the dead, I dissent. The majority opinion tips its “virtual” hand in its first sentence. It states that a dead person has moved for discretionary review. How is this possible? Clearly, it is not. The fact Wilford Harris is dead and no revivor has ever taken place disposes of this case.

After the trial court dismissed Appel-lees’ claims, they took an appeal against Wilford Harris, a dead person. A court cannot have jurisdiction over a decedent, and action against a decedent is a nullity. See Gailor v. Alsabi,…