in the Matter of the Estate of John A. Teinert

• Court: Court of Appeals of Texas
• Decided: May 14, 2015
• Docket: 10-07-00297-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-07-00297-CV

IN THE MATTER OF THE ESTATE OF JOHN A. TEINERT, DECEASED

From the County Court at Law Coryell County, Texas Trial Court No. 5115

ORDER

In 2007, Laurance Kriegel, an alleged descendant of John A. Teinert, appealed

from the trial court’s refusal to appoint him as executor of Teinert’s Estate though the

will was probated and the estate administered nearly thirty years ago. We dismissed

the appeal for want of jurisdiction in January of 2009. After a petition for review and

motion for rehearing was denied by the Texas Supreme Court, we issued our mandate.

However, within days of that issuance, Kriegel filed another petition for review with

the Texas Supreme Court. We then withdrew our mandate. In early 2009, the Texas

Supreme Court again denied Kriegel’s petition for review. Due to an oversight on our part, we did not reissue our mandate at that time. We discovered our oversight when

preparing to destroy the file. On April 21, 2015, we issued our mandate.

Kriegel has now filed a motion for rehearing, requesting that we instruct the

Coryell County Court to issue letters testamentary to Kriegel in the Estate of Teinert.

The Court lost jurisdiction to modify the trial court’s judgment many years ago.

See TEX. R. APP. P. 19.1(a); 19.3. Further, the only jurisdiction we now have would be in

relation to whether the mandate correctly required enforcement of the Court’s prior

judgment. See id. 19.3(a). We have no jurisdiction to modify or amend that judgment as

sought by Kriegel.

Accordingly, Kriegel’s motion for rehearing is dismissed for want of jurisdiction.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion dismissed Order issued and filed May 14, 2015

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