De Ayala v. MacKie

We deny the motion for rehearing. We withdraw our opinion of April 21, 2006 and substitute the following in its place.

Maria Cristina Brittingham-Sada de Ayala (“Ayala”), defendant below, alleged that the trial court lacked subject matter jurisdiction over this ancillary probate proceeding involving the estate of her father, a Mexican testator whose will was probated in Mexico. The trial court denied Ayala’s motion to dismiss, and she pursued an interlocutory appeal. The court of appeals concluded it had jurisdiction over the appeal, and the parties now agree. Because we disagree, we reverse…