New defendant with new claims: no jurisdiction if "action" filed before Sept. 1, 2024.
- Amy Prueger
- 3 days ago
- 1 min read
In Cause No. 25-BC04A-000, In re J.W.B. Trust of 2007, G.M.B. Trust of 2009, E.E.B. Trust of 2012, Judge Barnard addressed whether a party may remove a case that was filed in statutory probate court before September 1, 2024, but added a new defendant and corporate claims after September 1, 2024.
Applying ETC Field Services, LLC v. Tema Oil & Gas Co., No. 15-24-00124-CV, 2025 WL 582317, (Tex. App. (15 Dist.) Feb. 21, 2025), the court concluded it lacked jurisdiction because the entire action commenced prior to September 1, 2024. The court remanded the case to the probate court.
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