Garza v. Rodriguez

Opinion by

CATHERINE STONE, Justice.

The appellants appeal the trial court’s order dismissing the underlying cause for lack of jurisdiction. The appellants present two issues contending that: (1) the trial court erred in dismissing the underlying lawsuit; and (2) this court should consider and grant appellants’ partial motion for summary judgment. We reverse the trial court’s order and remand the cause for further proceedings consistent with this opinion.

Factual and PROCEDURAL Background

Maria Lopez de Peña (“Peña”) executed a will on January 22,1943. With regard to the nine acres of land that…