The opinion
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Carolyn James, Individually and As Next of Friend of Her Mother,
Mary Olive Calkins v. Linda Carol Goehrs
Appellate case number: 01-12-00445-CV
Trial court case number: 0875812A
Trial court: 61st District Court of Harris County
The parties are ordered to file a supplemental brief responding to the following questions.
Questions directed to Appellant James:
1. It is your contention that the trial court lacked jurisdiction because the probate court had
exclusive jurisdiction?
2. Do you agree that the trial court should have dismissed the case, even if you disagree
with the other party on the proper rationale or vehicle for dismissal?
Questions directed to Appellee Ghoers:
1. Is it your contention that the trial court lacked jurisdiction because James lacked standing
and, therefore, James’s counterclaims should have been dismissed?
2. Do you agree that the trial court should have dismissed the case, even if you disagree
with the other party on the proper rationale or vehicle for dismissal?
Questions for both parties:
3. If you answered “yes” to both questions addressed to you above, do you contend that the
proper resolution is a dismissal without prejudice to either party?
4. Does this Court need to determine the proper basis for dismissal to affirm a dismissal? If
so, why?
The briefs may not exceed 5 pages in length. Both parties’ briefs are due no later than
Wednesday, December 11, 2013, at 9:00 A.M.
Neither party is permitted to file a response to the supplemental brief of the other, absent
leave of court.
It is ORDERED.
Judge’s signature: /s/ Harvey Brown
Acting individually Acting for the Court
Date: December 9, 2013