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James v. Goehrs

Court of Appeals of Texas, First District

December 6, 2013

Carolyn James, Individually and As Next of Friend of Her Mother, Mary Olive Calkins
v.
Linda Carol Goehrs

61st District Court of Harris County, Trial court case number: 0875812A

Harvey Brown, Justice

The parties are ordered to file supplemental briefs to address the following two issues:

1. Whether any Texas or federal authority exists (including secondary authority, such as Moore's Federal Practice and Wright & Miller, Federal Practice and Procedure) indicating a requirement that a trial court analyze subject matter jurisdiction questions in a particular order. Specifically, is there any authority commenting on whether a trial court is required to decide whether another court has exclusive subject matter jurisdiction pursuant to a statute before the trial court can address its own subject matter jurisdiction based on a challenge to a party's standing.
2. Whether the powers of the probate court are strictly construed and limited to those expressly granted by statute or, alternatively, whether the probate court can act through equity.

Additionally, the parties are ordered to identify that portion of the record that indicates

1. The exact date of the mediation that occurred in late-2008, the parties to the mediation, and the purpose of the mediation.
2. The date on which Linda Goehrs delivered Mary Calkins's assets to Richard Calkins.

To the extent the parties reference pleadings, reporter's records, clerk's records or other documents in their supplemental brief, the parties are ordered to attach a copy of the document referenced as an appendix to the brief. The parties are further ordered to indicate in the index to the appendix whether each document has been made a part of the record in this appeal.

The briefs may not exceed 11 pages in length, not including the appendix. Both parties' briefs are due no later than Tuesday, December 17, 2013, at noon.

Neither party is permitted to file a response to the supplemental brief of the ...


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