(DOWNLOAD) "Willie Rhoneta Seay v. William K. Hall Et Al." by Fourteenth District, Houston Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Willie Rhoneta Seay v. William K. Hall Et Al.
- Author : Fourteenth District, Houston Court of Appeals of Texas
- Release Date : January 03, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The issue in this case is whether statutory probate courts have jurisdiction over survival and wrongful death actions. Because of her husbands death from injuries received when a boiler safety valve released scalding water and steam onto him, Willie Rhoneta Seay sued the various respondents in this case. Suit was initially brought in a Dallas County district court under the provisions of Tex. Rev. Civ. Stat. Ann. art. 4671 (wrongful death action) and Tex. Rev. Civ. Stat. Ann. art. 5525 (survival action). Five days after filing suit in that court, Mrs. Seay brought the same causes of action against the same defendants in the probate court of Dallas County. The various defendants filed motions to dismiss in the probate court, claiming that court lacked jurisdiction over the two causes. Dismissal for want of jurisdiction was ordered. However, the court of appeals held that the probate court did have jurisdiction of the survival action, and reversed that part of the cause. It affirmed the probate court judgment that it had no jurisdiction over the wrongful death cause. 663 S.W.2d 468. We affirm that part of the appellate courts judgment that the probate court had no jurisdiction over the wrongful death action, and reverse that part of the judgment holding that the probate court did have jurisdiction over the survival cause of action. We affirm the dismissal order of the probate court.