In re Davidson

485 S.W.3d 927, 2016 WL 1371258, 2016 Tex. App. LEXIS 3512
CourtCourt of Appeals of Texas
DecidedApril 6, 2016
DocketNO. 12-15-00058-CV
StatusPublished
Cited by9 cases

This text of 485 S.W.3d 927 (In re Davidson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Davidson, 485 S.W.3d 927, 2016 WL 1371258, 2016 Tex. App. LEXIS 3512 (Tex. Ct. App. 2016).

Opinion

OPINION

JAMES T. WORTHEN, Chief Justice

In this original mandamus proceeding, Jeanette B. Davidson, individually and as independent executor of the estate of Gary L. Davidson, deceased, challenges the trial court’s order denying her motion to trans[929]*929fer venue.1 The issue presented is whether the trial court abused its discretion in denying Jeanette’s motion to' transfer venue to San Augustine County. We deny the petition for writ of mandamus.

Background

Stone Haynes died on May 1, 2012, in San Augustine County His son Ben filed an application to probate his will stating that the Anderson County Court at Law had jurisdiction- and venue because Stone Haynes was domiciled in Anderson County and had a fixed place of residence there at the time of his death. On August 1, 2012, before the will was admitted to probate, Ben signed under oath an interrogatory answer, stating that Stone Haynes was domiciled in San Augustine County and had a fixed place of residence in that county at the time of his death. He also filed on the same day a sworn Proof of Death and Other Facts containing the same information. The Anderson County Court at Law rendered an Order Probating Will and Authorizing Letters Testamentary on August 8, 2012, finding that Stone Haynes was domiciled in San Augustine County at the time of his death. The court also found that it has jurisdiction and permissive venue over the estate. On October 15, 2012, Ben filed an Inventory, Appraisement, and List of Claims showing the total value of the estate’s assets as $183,843.88. Included among those assets was the principal" due, $172,778.88, on a real estate lien note that Gary and Jeanette Davidson executed on May” 20, 1997, payable to Stone Haynes over a ten year period.

On’ July 24, 2012, also before the will was admitted to probate, Ben sued Jeanette, individually and as independent executor of Gary’s estate.. He alleged that the note executed by Gary and Jeanette was in default, that he had accelerated the debt according to the terms of the note, and that the sum of $172,778.88 plus accrued interest was currently due. Jeanette filed an answer, which included' a counterclaim against Ben because he filed the suit in Anderson County even though, she alleged, venue was not'proper in that county-.

On October 26, 2012, Jeanette, individually and as independent executor of Gary’s estate, filed a motion to transfer venue of the probate proceeding to San Augustine County. As support for the motion, Jeanette cited the mandatory venue provision for a proceeding to admit a will to probate. Ben filed a written response opposing the motion, and the trial, court rendered an order denying the motion to transfer venue. This original proceeding followed.

Availability of Mandamus

Mandamus will issue only to -correct a clear abuse of discretion for which the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004) (orig.proceeding). A trial court has no discretion, in determining what the law is or. applying the law to the facts. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig.proceeding). A trial- court abuses its discretion by failing to analyze or. apply the law correctly. Id. As the party seeking relief, the relator bears the burden of demonstrating entitlement to mandamus relief., Id. at 837.

A party may apply for a writ of mandamus with an appellate court to enforce mandatory venue provisions. See Tex. Civ. Prac. & Rem. Code Ann. § 15.0642 [930]*930(West 2002); see also In re Hannah, 431 S.W.3d 801, 806 (Tex.App.-Houston [14th Dist.] 2014, orig. proceeding) (per curiam). The focus of a mandamus proceeding under section 15.0642 is whether the trial court abused its discretion. Id. A party seeking to enforce a mandatory venue provision 'is not required to prove the lack of an adequate appellate remedy, but is required only to show that the trial court abused its discretion. Id.

Standing

“Venue for a probate proceeding to admit a will to probate or for the granting of letters testamentary, or of administration is ... in the county in which the decedent resided, if the decedent had a domicile or fixed place of residence in this state.” Tex. Est. Code Ann. § 33.001(1) (West 2014).2 An “interested person” may file a motion to transfer a probate proceeding to the proper county if it appears that the trial court does not have priority of venue over the proceeding. Id. § 33.102(a) (West 2014). Ben contends that Jeanette is not an “interested person” and therefore does not have standing to file a motion- to transfer venue. In a probate proceeding, the burden is on the person whose standing is challenged to prove that she is an “interested person.” Womble v. Atkins, 160 Tex. 363, 331 S.W.2d 294, 297-98 (1960); A & W Indus. v. Day, 977 S.W.2d 738, 741 (Tex.App.-Fort Worth 1998, no pet.).

Creditor of the Estate

The Estates Code defines an “[i]n-terested person” or a “person interested” as “[a]n heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered.” Tex. Est. Code Ann. § 22.018(1) (West 2014). Jeanette asserted in the trial court that she has standing because “as an alleged debtor of the decedent’s estate who has denied liability and asserted claims against the estate, [she] clearly has a pecuniary interest which may be materially affected by the [probate] proceedings.... ” In her mandamus, petition, she elaborates further that she has asserted a counterclaim for damages against the estate under the Texas Deceptive Trade Practices Consumer Protection Act. Therefore, she contends that she is a creditor of the estate whose standing is conferred by the statutory definition of “interested person.”

In construing a statute, our primary objective is to give effect to the legislature’s intent. Lottery Comm’n v. First State Bank of DeQueen, 325 S.W.3d 628, 635 (Tex.2010). Where there is no legislative definition of a term, we rely on the plain meaning of the text as expressing legislative intent unless a different meaning is apparent from the context or the plain meaning leads to absurd results. Id.

The Estates Code does not define “creditor.” However, Jeanette points out that, in legal parlance, “creditor” includes “[a] person or entity with a definite claim against another, especially a claim that is capable of adjustment and liquidation.” Black’s Law DiotionaRy- (9th ed.2009). In the probate context, the' legislature has defined “claims” as including (1) liabilities of a decedent that survive the decedent’s [931]

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Cite This Page — Counsel Stack

Bluebook (online)
485 S.W.3d 927, 2016 WL 1371258, 2016 Tex. App. LEXIS 3512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-davidson-texapp-2016.