in the Matter of the Estate of John A. Teinert ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-07-00297-CV
IN THE MATTER OF THE ESTATE OF
JOHN A. TEINERT, DECEASED
From the County Court at Law
Coryell County, Texas
Trial Court No. 5115
ORDER
In 2007, Laurance Kriegel, an alleged descendant of John A. Teinert, appealed
from the trial court’s refusal to appoint him as executor of Teinert’s Estate though the
will was probated and the estate administered nearly thirty years ago. We dismissed
the appeal for want of jurisdiction in January of 2009. After a petition for review and
motion for rehearing was denied by the Texas Supreme Court, we issued our mandate.
However, within days of that issuance, Kriegel filed another petition for review with
the Texas Supreme Court. We then withdrew our mandate. In early 2009, the Texas
Supreme Court again denied Kriegel’s petition for review. Due to an oversight on our
part, we did not reissue our mandate at that time. We discovered our oversight when
preparing to destroy the file. On April 21, 2015, we issued our mandate.
Kriegel has now filed a motion for rehearing, requesting that we instruct the
Coryell County Court to issue letters testamentary to Kriegel in the Estate of Teinert.
The Court lost jurisdiction to modify the trial court’s judgment many years ago.
See TEX. R. APP. P. 19.1(a); 19.3. Further, the only jurisdiction we now have would be in
relation to whether the mandate correctly required enforcement of the Court’s prior
judgment. See id. 19.3(a). We have no jurisdiction to modify or amend that judgment as
sought by Kriegel.
Accordingly, Kriegel’s motion for rehearing is dismissed for want of jurisdiction.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed
Order issued and filed May 14, 2015
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