Fernandez v. Bustamante, 305 S.W.3d 333 (Tex. App.—Houston [14th Dist.] 2010, no pet.).
The appellate court was faced with the issue of whether a venue
determination in a probate proceeding is a final or an interlocutory
order. The court began its analysis by examining the Probate Code and
found that it contained no statute on point. Thus, the court applied the
Crowson v. Wakeham, 897 S.W.2d 779 (Tex. 1995) standard which provides
that “if there is a proceeding of which the order in question may
logically be considered a part, but one or more pleadings also part of
that proceeding raise issues or parties not disposed of, then the
probate order is interlocutory.” The court then pointed to Texas Civil
Practice & Remedies Code § 15.064(a) and Rule 87 of the Texas Rules of
Civil Procedure which provide that a venue determination in general is
not a final judgment which is ripe for appeal. The court found no reason
to deviate from the general rule that venue determinations are
interlocutory. Accordingly, the court dismissed the appeal for want of
jurisdiction.
Moral: A party unhappy with a venue determination will need to wait
until the case is concluded to appeal.
Applicant One filed applications for the appointment as a temporary
administrator in County One and although granted, Applicant One never
qualified because she failed to post bond. Applicant Two then filed an
application in County Two. The appellate court determined that County
One had jurisdiction to transfer venue to County Two. The court
explained that the probate court in County One obtained jurisdiction
when the administration was opened even though Applicant One did not pay
the required bond. When venue is proper in more than one court, it is
the court in which the application is first filed that has jurisdiction
to the exclusion of the other courts under Probate Code § 8(a). A
probate proceeding does not terminate because bond was not paid.
Instead, the court has jurisdiction until the administration is closed.
Moral: Failure of a personal representative to qualify (take the oath
and/or post the bond) does not deprive a court of jurisdiction over the
administration.