In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25, 2025, original proceeding). In 2020, the settlor’s son sued for a declaratory judgment regarding distributions. In October of 2024, the
mandamus
Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re McCown, a county court had a contested probate matter, and a party filed a motion to assign a statutory probate judge and another party filed a motion to transfer the case to a district court. No. 10-20-00128-CV, 2020 Tex. App. LEXIS 6276 (Tex. App.—Waco August 10, 2020, original proceeding). After the county court entered an order transferring the case to the district court, the party seeking a statutory probate judge filed a petition for writ of mandamus.
Court Held That Estate Representative Was Entitled To Discover Documents To Establish A Claim
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex. App.—Dallas July 25, 2017, original proceeding). The trial court ordered that…
Court of Appeals Granted Mandamus Relief To Transfer Venue To County Where A Trust Was Administered
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Green, a beneficiary filed suit against a trustee for breach of fiduciary duty and misappropriation of corporate funds. No. 08-16-00233-CV, 2016 Tex. App. LEXIS 12830 (Tex. App.—El Paso December 2, 2016, original proceeding). The defendant filed a motion to transfer venue and filed an affidavit where…