In Re: Estate of Reggy G. West v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 26, 2023
• Docket: 05-22-00892-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 26, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00892-CV

IN RE ESTATE OF REGGY G. WEST, DECEASED

On Appeal from the Probate Court No. 3 Dallas County, Texas Trial Court Cause No. PR-20-989-3

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns

In the underlying lawsuit, appellee Mary West filed an application to probate

the will of Reggy G. West, the deceased. Appellant Regena Marie Truelson

opposed the application and filed a cross-application for probate of will and

issuance of letters of independent administration. After considering appellee’s

application, the trial court sua sponte appointed Ashlei Dior Gradney as temporary

administrator. Appellant appeals from this order. Because the term of the

temporary administrator had expired, the Court questioned whether the appeal was

now moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.

2005) (case becomes moot if controversy ceases to exist between parties at any

stage of legal proceedings, including appeal); MSC Gleannloch LLC v. Harris Cnty. Water Control & Improvement Dist. No. 119, No. 14-19-00157-CV, 2020

WL 6278477, at *2 (Tex. App.—Houston [14th Dist.] Oct. 27, 2020, no pet.)

(vacating temporary injunction order that has become moot and dismissing

appeal); Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999)

(appellate courts lack jurisdiction over moot controversies). As directed, appellant

filed a letter brief addressing the jurisdictional issue.

In her letter brief, appellant does not disagree that the appeal is moot.

Appellant asks, however, that if we conclude the appeal is moot that we first

dismiss appellee’s application for letters testamentary upon which the order

appointing a temporary administrator was premised because, appellant asserts,

appellee lacked standing to seek letters testamentary. Neither the order appointing

a temporary administrator nor that order’s subsequent mootness resolved the

competing applications for letters testamentary between appellant and appellee.

On the record before this Court, those competing applications remain pending.

Thus, we decline appellant’s request to dismiss appellee’s application for letters

testamentary.

Because the appeal has become moot, we vacate the trial court’s June 3,

2022 order appointing a temporary administrator and dismiss the appeal. See MSC

Gleannloch LLC, 2020 WL 6278477, at *2; TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220892F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN RE ESTATE OF REGGY G. On Appeal from the Probate Court WEST, DECEASED No. 3, Dallas County, Texas Trial Court Cause No. PR-20-00989- No. 05-22-00892-CV 3. Opinion delivered by Chief Justice Burns. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Mary West recover her costs of this appeal from appellant Regena Marie Truelson.

Judgment entered July 26, 2023

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