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In re Curtis

Court of Appeals of Texas, First District
Sep 8, 2022
No. 01-22-00514-CV (Tex. App. Sep. 8, 2022)

Opinion

01-22-00514-CV

09-08-2022

IN RE CANDACE LOUISE CURTIS, Relator


Original Proceeding on Petition for Writ of Mandamus

Panel consists of Justices Kelly, Rivas-Molloy, and Guerra.

MEMORANDUM OPINION

PER CURIAM

On July 11, 2022, relator, Candace Louise Curtis, filed a petition for a writ of mandamus challenging the following trial court orders: (1) a June 3, 2014 order granting relator's "Motion to Enter Remand as a Transfer and Order Accepting the federal 'remand' as a Transfer," (2) a February 14, 2019 order "denying [r]elator's plea to the jurisdiction and pleas in abatement and declaring jurisdiction proper in the probate court," (3) a February 25, 2022 order granting summary judgment in favor of real parties in interest, Amy Ruth Brunsting and Anita Kay Brunsting, in their individual capacities and as the co-trustees of The Brunsting Family Living Trust, (4) a March 11, 2022 order of severance, and (5) a March 2, 2022 order denying relator's "Statutory Bill of Review."

The underlying case is Carl Henry Brunsting, individually and as independent executor of the Estates of Elmer H. Brunsting and Nelva E. Brunsting v. Anita Kay Brunsting, formerly known as Anita Kay Riley, individually, as attorney-in-fact for Nelva E. Brunsting, and as Successor Trustee of the Brunsting Family Living Trust, the Elmer H. Brunsting Decedent's Trust, the Nelva E. Brunsting Survivor's Trust, the Carl Henry Brunsting Personal Asset Trust, and the Anita Kay Brunsting Personal Asset Trust; Amy Ruth Brunsting, formerly known as Amy Ruth Tschirhart, individually and as Successor Trustee of the Brunsting Family Living Trust, the Elmer H. Brunsting Decedent's Trust, the Nelva E. Brunsting Survivor's Trust, the Carl Henry Brunsting Personal Asset Trust, and the Amy Ruth Tschirhart Personal Asset Trust; Carole Ann Brunsting, individually and as Trustee of the Carole Ann Brunsting Personal Asset Trust; and as a nominal defendant only, Candace Louise Curtis, Cause No. 412249-401, in the Probate Court No. 4 of Harris County, Texas, the Honorable James Horwitz presiding.

We deny relator's petition for writ of mandamus. Any pending motions are dismissed as moot.


Summaries of

In re Curtis

Court of Appeals of Texas, First District
Sep 8, 2022
No. 01-22-00514-CV (Tex. App. Sep. 8, 2022)
Case details for

In re Curtis

Case Details

Full title:IN RE CANDACE LOUISE CURTIS, Relator

Court:Court of Appeals of Texas, First District

Date published: Sep 8, 2022

Citations

No. 01-22-00514-CV (Tex. App. Sep. 8, 2022)