Dowell v. Quiroz, 462 S.W.3d 578 (Tex. App.—Corpus Christi 2015, no pet.).
The appellate court held that a statutory county
court at law with probate jurisdiction does not have subject matter
jurisdiction to hear survival and wrongful death claims that are
incident to an estate under Probate Code § 5A as it existed on the date
the claims were filed. This appears consistent with current law under
Estates Code § 31.002(b).
Moral: A party bringing survival or
wrongful death claims must ascertain the correct court in which to bring
the actions.