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James v. Goehrs

Court of Appeals of Texas, First District, Houston

December 9, 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, No. 0875812A

ORDER

Harvey Brown Judge

The parties are ordered to file a supplemental brief responding to the following questions. Questions directed to Appellant James:

1. It is your contention that the trial court lacked jurisdiction because the probate court had exclusive jurisdiction?
2. Do you agree that the trial court should have dismissed the case, even if you disagree with the other party on the proper rationale or vehicle for dismissal?

Questions directed to Appellee Ghoers:

1. Is it your contention that the trial court lacked jurisdiction because James lacked standing and, therefore, James's counterclaims should have been dismissed?
2. Do you agree that the trial court should have dismissed the case, even if you disagree with the other party on the proper rationale or vehicle for dismissal?

Questions for both parties:

3. If you answered "yes" to both questions addressed to you above, do you contend that the proper resolution is a dismissal without prejudice to either party?
4. Does this Court need to determine the proper basis for dismissal to affirm a dismissal? If so, why?

The briefs may not exceed 5 pages in length. Both parties' briefs are due no later than Wednesday, December 11, 2013, at 9:00 A.M.

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


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