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JIMMY SWAGGART MIN. v. TEXAS COMMERCE BANK

No. B14-82-692CV.

662 S.W.2d 774 (1983)

The JIMMY SWAGGART MINISTRIES H. Lee Hering, et al., Appellants, v. TEXAS COMMERCE BANK NATIONAL ASSOCIATION Mary Katherine MacDonald Leone, et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

December 1, 1983.

Attorney(s) appearing for the Case

Robert J. Piro, Piro & Lilly, Hon. Robert Hall, Woodard, Hall & Primm, Houston, Jimmy Phillips, Jr., Angleton, Charles R. Parker, Hall & Parker, Houston, James W. Bradford, Angleton, for appellants.

Thomas L. Schubert, Andrews & Kurth, Houston, LeLand B. Kee, Angleton, Preston Shirley, Grant Gerly, Mills, Shirley, McMicken & Eckel, Galveston, John L. Hopwood, Liddell, Sapp, Zivley, Brown & LaBoon, Houston, for appellees.

Before MURPHY, JUNELL and SEARS, JJ.

OPINION

JUNELL, Justice.

The dispositive question presented in this appeal is whether the constitutional county court erred in refusing to transfer to the county court at law a contested probate matter when the appellant, H. Lee Hering, filed a motion to transfer under § 5(c) of the Texas Probate Code on the same day a summary judgment hearing was scheduled. We find such action by the constitutional county court to be error.

The will contest...

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