Legal Opinion

DB Entertainment, Inc. v. Windle

Court of Appeals of Texas

Decided August 30, 1996No. 2-96-034-CV, 2-96-035-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

DAUPHINOT, Justice.

Introduction

In these two identical mandamus proceedings, we must determine if a statutory probate court can transfer to itself, under section 608 of the probate code, a wrongful death suit pending in district court so that the wrongful death suit can be tried ancillary to guardianships pending in the statutory probate court. Because the statutory probate court in this case did not have statutory authority to transfer the wrongful death suit, we conditionally grant the writs of mandamus.

The Wrongful Death Suit

The underlying wrongful death suit arises from the death of…

2Cases cited5 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Palmer v. Coble Wall Trust Co., Inc.Texas Supreme Court · 1993
  3. Buttery v. BettsTexas Supreme Court · 1967
  4. Henry v. LaGrone, Texas Court of Appeals, 7th District (Amarillo)1992
  5. Gem Vending, Inc. v. Walker, Texas Court of Appeals, 2nd District (Fort Worth)1996

3Cited by26 opinions

  1. Greathouse v. McConnell, Texas Court of Appeals, 1st District (Houston)1998
  2. Gonzalez v. Reliant Energy, Inc.Texas Supreme Court · 2005
  3. Chiriboga v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 3rd District (Austin)2003
  4. Goodman v. Summit at West Rim, Ltd., Texas Court of Appeals, 3rd District (Austin)1997
  5. In Re Boehme, Texas Court of Appeals, 14th District (Houston)2008

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