DE AYALA v. MACKIE

No. 04-0160.

193 S.W.3d 575 (2006)

Maria Cristina Brittingham-Sada DE AYALA, Petitioner, v. Kevin Michael MACKIE, Adminstrator of the Ancillary Estate of Juan Roberto Brittingham-McLean, Deceased, Respondent.

Supreme Court of Texas.

Decided June 9, 2006.


Attorney(s) appearing for the Case

W. Wendell Hall, Rosemarie Kanusky, Lara Michelle Johnson, Fulbright & Jaworski L.L.P., San Antonio, Carlos Zaffirini, Zaffirini & Castillo, Laredo, for Petitioner.

Homero G. Martinez, Homero G. Martinez, PLLC, Laredo, Shannon H. Ratliff, Ratliff Law Firm, P.L.L.C., Austin, Randall A. Pulman, Alcide Federico Longoria, Pulman, Bresnahan & Pullen, L.L.P., San Antonio, Bruce John Werstak, III, Sames & Werstak, L.L.P., Laredo, for Respondent.

Kenneth A. Valls, Wilson Trevino Freed Valls & Trevino, LLP, Laredo, for Amicus Curiae.

Michael W. Perrin, Adam P. Schiffer, Christian Garza, King & Spalding, LLP, Houston, Julio A. Garcia, Laredo, Jason Murray Davis, Law Office of Jason Davis, P.C., San Antonio, for Others.


Chief Justice JEFFERSON delivered the opinion of the Court.

We deny the motion for rehearing. We withdraw our opinion of April 21, 2006 and substitute the following in its place.

Maria Cristina Brittingham-Sada de Ayala ("Ayala"), defendant below, alleged that the trial court lacked subject matter jurisdiction over this ancillary probate proceeding involving the estate of her father, a Mexican testator whose will was probated in Mexico. The trial court denied...

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