Burns v. Burns

OPINION

Opinion by:

PHIL HARDBERGER, Chief Justice.

Richard Waller Burns appeals the trial court’s grant of summary judgment in favor of his brother, Waller Thomas Burns, II, and Theo Pinson, as Dependent Administrator of the Estate of Dorothy Jane Burns. In two points of error, Richard Waller Burns argues that the trial court erred in granting summary judgment because the trial court lacked subject matter jurisdiction, or, alternatively, that a genuine issue of material fact exists as to his liability. We reverse the trial court’s judgment and render judgment in part and remand in part.

I

Richard…