In Re: Estate of Reggy G. West v. the State of Texas ( 2023 )

DISMISS and Opinion Filed July 26, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00892-CV
IN RE ESTATE OF REGGY G. WEST, DECEASED
On Appeal from the Probate Court No. 3
Dallas County, Texas
Trial Court Cause No. PR-20-989-3
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
Opinion by Chief Justice Burns
In the underlying lawsuit, appellee Mary West filed an application to probate
the will of Reggy G. West, the deceased. Appellant Regena Marie Truelson
opposed the application and filed a cross-application for probate of will and
issuance of letters of independent administration. After considering appellee’s
application, the trial court sua sponte appointed Ashlei Dior Gradney as temporary
administrator. Appellant appeals from this order. Because the term of the
temporary administrator had expired, the Court questioned whether the appeal was
now moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.
2005) (case becomes moot if controversy ceases to exist between parties at any
stage of legal proceedings, including appeal); MSC Gleannloch LLC v. Harris
Cnty. Water Control & Improvement Dist. No. 119, No. 14-19-00157-CV, 2020
WL 6278477, at *2 (Tex. App.—Houston [14th Dist.] Oct. 27, 2020, no pet.)
(vacating temporary injunction order that has become moot and dismissing
appeal); Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999)
(appellate courts lack jurisdiction over moot controversies). As directed, appellant
filed a letter brief addressing the jurisdictional issue.
In her letter brief, appellant does not disagree that the appeal is moot.
Appellant asks, however, that if we conclude the appeal is moot that we first
dismiss appellee’s application for letters testamentary upon which the order
appointing a temporary administrator was premised because, appellant asserts,
appellee lacked standing to seek letters testamentary. Neither the order appointing
a temporary administrator nor that order’s subsequent mootness resolved the
competing applications for letters testamentary between appellant and appellee.
On the record before this Court, those competing applications remain pending.
Thus, we decline appellant’s request to dismiss appellee’s application for letters
testamentary.
Because the appeal has become moot, we vacate the trial court’s June 3,
2022 order appointing a temporary administrator and dismiss the appeal. See MSC
Gleannloch LLC, 2020 WL 6278477, at *2; TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220892F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN RE ESTATE OF REGGY G. On Appeal from the Probate Court
WEST, DECEASED No. 3, Dallas County, Texas
Trial Court Cause No. PR-20-00989-
No. 05-22-00892-CV 3.
Opinion delivered by Chief Justice
Burns. Justices Pedersen, III and
Goldstein participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee Mary West recover her costs of this appeal
from appellant Regena Marie Truelson.
Judgment entered July 26, 2023
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